DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 277 of 2010 Date of Inst:06.05.2010 Date of Decision:03.01.2011 Kulveer Singh s/o Jagat Singh r/o H.No.406, Phase-I, Mohali. ---Complainant V E R S U S The Citicorp Maruti Finance Ltd., SCO No.124-125, Sector 34-A, Chandigarh ---Opposite Party QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADANJIT KAUR SAHOTA MEMBER PRESENT: None for the complainant OP exparte. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Kulveer Singh has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to issue account closure and NOC along with compensation. 2. In brief, the case of the complainant is that he intended to purchase a car (Maruti Zen). Therefore, he approached OP for availing loan. OP sanctioned a loan of Rs.2,90,000/- on 06.07.2006. The said loan was to be repaid in monthly equated installments of Rs.6410/- each. According to the complainant, he was regularly paying the monthly installments. Due to some family circumstances, he could not make payment of some of the installments. It has been pleaded that OP visited his house with recovery notice and threatened his daughters with dire consequences. Ultimately, the daughter of the complainant paid a sum of Rs.1,00,000/- vide D.D. No.341360 dated 03.03.2010 (Annexure C-1) against the collection deposit slip (Annexure C-2) as he was out of station. Thereafter, the complainant was informed by OP vide letter dated 03.03.2010 (Annexure c-3) that the loan account of the complainant stands settled in full and final settlement and no further dues would be payable by him to it. According to the complainant, he requested the OP for issuance of No dues Certificate but to no effect. Ultimately, he served a notice dated 26.03.2010 (Annexure C-4) upon OP to which OP sent a vague reply dated 21.04.2010 (Annexure c-5). It amounts to deficiency in service. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. Notice was sent to the OP for 20.07.2010 but OP refused to accept it. As refusal was a good service, therefore, OP was ordered to be proceeded against exparte vide order of even date. 4. As none is present on behalf of the complainant, therefore we proceed to dispose of the complaint on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Consumer Protection Act, 1986 even in the absence of the complainant. We have perused the record and gone through the documents very carefully. 5. In support of the averments made in the complaint, the complainant has filed his detailed affidavit dated 06.05.2010. OP received a sum of Rs.1,00,000/- vide D.D. No.341360 dated 03.03.2010 (Annexure C-1) against the collection deposit slip (Annexure C-2) from the daughter of the complainant. AS per letter dated 03.03.2010 (Annexure C-3), the above said amount was paid in full and final settlement of the said loan account. The complainant has stated in his affidavit that OP has failed to issue account closure and No Dues Certificate despite his repeated requests and issuance of legal notice. Otherwise also, the averments made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of OP to rebut the same. In our view, non issuance of the account closure and No Dues Certificate despite full and final settlement of the loan account and assurance given by the OP that accounts closure and No Dues Certificate will take 15 days from the date of payment subject to realization of instrument as per the letter dated 03.03.2010 issued by OP itself amounts to deficiency in service. 6. In view of the above findings, this complaint is allowed with a direction to OP to issue account closure and No Dues Certificate to the complainant. OPs are also directed to pay Rs.10,000/- as compensation for mental agony and harassment to the complainant. Besides this, OP shall pay Rs.5000/- as costs of litigation. 7. This order be complied with by OP within one month from the date of receipt of its certified copy, failing which OP shall be liable to refund the amount of Rs.10,000/- to the complainant along with penal interest @ 18 % p.a. from the date of filing of the complaint i.e. 06.05.2010 till its realization besides costs of litigation. 8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 03.01.2011 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADANJIT KAUR SAHOTA) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
