Complaints filed on: 21-02-2023
Disposed on: 04-05-2023
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 4th DAY OF MAY 2023
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
CC.No.23/2023
Sri. Hemanthkumar .G S/o Gangathimmaiah
Aged about 31 years, Residing at Gowrapura
Village, Shivagange, Nelamangala Taluk,
Bengaluru Rural District.
……….Complainant
(By Sri. B.V.Bojaiah, Adv.,)
V/s
The Chief Executive Officer,
Fortune Integrated Assets Finance Co., Ltd.,
Valmiki Nagra, Shree Yoga Building,
Near Post Office, 4th Cross, Batawadi,
Tumakuru City.
……….Opposite Party
(Served – Absent)
:ORDER:
BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT
This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP to pay a sum of Rs.5,00,000/- towards mental harassment, deficiency in service, loss of money and breach of contract with interest @ 12% p.a. from the date of complaint to till realization.
2. The brief facts of the complaint are as under:-
The complainant intended to purchase Scorpio VLXBS4 Model car for his own use for Rs.6,75,000/- and himself had paid Rs.3,00,000/- and for remaining amount, he had approached the OP for loan and the OP had sanctioned the loan of Rs.3,75,000/- to the complainant and thereby the complainant purchased the said car. It is further submitted that for the said loan, there was flat interest @ 10.50% with a monthly premium of Rs.14,950/- for 33 months which commences from 16.02.2019.
The complainant further submitted that he had cleared the entire loan amount on 30.01.2022 and there was no any outstanding in the said loan and therefore approached the OP and requested to return the vehicle documents and asked to give NOC, which is very much necessary for the complainant to produce before the Authority for tax purpose. But the OP without giving vehicle documents and NOC directed to pay additional charges of Rs.88,922/- falsely and illegally. Hence, the complainant issued legal notice through his counsel on 04.01.2023 by way of RPAD calling upon the OP to issue NOC and to hand over the vehicle documents, but even in spite of service of said notice, the OP did not choose to comply the same. Hence, the complaint.
3. After receipt of notice, the OP remained absent. The complainant has filed his affidavit evidence and marked the documents at Ex.P1 to P5.
4. We have heard the arguments complainant.
5. On perusal of pleadings and documents produced by the complainant, the points that would arise for our consideration are:
- Whether there is any deficiency in service on the part of OP?
- Whether complainant is entitled for reliefs sought for?
6. Our findings to the aforesaid points are as under:
Point No.1: Partly in the Affirmative
Point No.2: As per the final order.
:REASONS:
7. On perusal of complaint and documents of complainant, it is seen that to purchase SCORPIOVLXBS4 Model Car, the complainant approached OP for financial assistance and the OP had sanctioned the loan of Rs.3,75,000/-on 16.01.2019 with flat rate interest @ 10.50%. The tenure of the said loan amount is 33 months and EMI is Rs.14,950/-. The repayment of loan commences from 16.02.2019. Thereafter, the complainant purchased the Scorpio car bearing No.KA-51-ME-6412 and OP obtained hypothecation of the above said car
8. Subsequently, the complainant had discharged the entire loan amount with OP on 30.01.2022 and approached the OP for loan clearance certificate and NOC immediately after discharge of the loan. In spite of several requests, OP not issued any NOC and loan clearance certificate to the complainant, but OP directed the complainant to pay the additional charges of Rs.88,922/- for issuance of NOC. Later, the complainant issued legal notice, but the OP did not reply.
9. The complainant produced 5 documents to prove his case. Ex.P1 i.e. statement of account reflects the payment of EMI details. As per Ex.P1, it seen that 32 times the cheque were bounced and OP bank collected the charges for cheque bounces and also Ex.P1 reflects overdue interest of Rs.10,148-00 and delayed interest Rs.14,291-00 and other charges as per their terms and conditions of the loan. When the statement of account specifically reflects the dues to be paid by the complainant, the question of issuance of loan clearance certificate does not arise. Hence, we do not find any deficiency of service or unfair trade practice on the part of OP. Accordingly, we proceed to pass the following:-
:ORDER:
The complaint filed by the complainant is dismissed.
No orders as to costs.
Supply free copy of this order to both parties
