The Complainant is represented by the Ld. Advocate. Today is fixed for delivery of final order.

      The case is taken up for passing order.

The Complainant   has filed this complaint against the O.P. under section 35 of the Consumer  Protection Act 2019 and praying for following Order / Relief:                                                                                                                                                                                                                                                                                                                                                                                              

1. Direction against the OP to issue No objection certificate (NOC) to the Complainant confirming the closure of Loan Account being no. L2WS1L05862276
2. Direction against the OP to pay a sum of Rs. 1,00,000/- to the Complainant for practicing unfair trade practice.
3. Direction against the OP to pay sum of Rs. 1,00,000/- to the Complainant for deficiency in service on the part of the OP.
4. Direction against the OP to pay a sum of Rs. 1,00,000/- to the Complainant for causing harassment to the complainant.
5. Direction against the OP to pay interest @ 12 % to the Complainant calculated at monthly rate from the date of cause of action till realization of the amount.
6. Any other relief or reliefs to which the Complainant is entitled.   

                                  Brief facts of the Complaint

1. That, the Complainant is a Consumer within the meaning of Section 2 (7) (II) of the Consumer Protection Act 2019 and rules framed thereunder and this Commission has jurisdiction to adjudicate the present complaint.
2. That, the Complainant availed a loan from the OP Bank vide Loan Account No. L2WS1L05862276 which has been repaid by the Complainant in full in the month of May 2020 and last installment was paid on 03.05.2020.
3. That, the Complainant has fully repaid the loan amount along with interest and charges and despite full repayment of the same the OP has not issued No Objection Certificate (NOC) to the Complainant confirming the closure of the said loan account.
4. That, the Complainant received a phone call from the office of the OP in the month of October 2019 wherefrom it was stating that, one installment remains unpaid as reflected from the Loan Account Statement and the same has been cited as the reason for withholding the NOC.
5. That, the OP has provided a copy of Loan Account Statement which shows that, PDC No. Z8384390/17-1 for Rs. 2583/- was allegedly bounced on 06.10.2019.
6. That, from the bank statement of the Complainant for the account from which the PDC was drawn clearly shows that, the said cheque was honored on 05.10.2019 which is contradictory to the statement of the OP.
7. That, the Complainant on several occasions contacted the staff of the OP requesting for issuing NOC but they ignore the request.
8. That, on 18.03.2023 the Complainant sent Legal Demand Notice to the OP and on receipt of that legal notice, the OP replied through Ld. Advocate but they did not issue the NOC.
9. That, the Complainant received several SMS from the OP and lastly on 05.12.2023 the OP received one SMS from the OP in which he threatened the Complainant for taking necessary steps.
10. That, despite receiving the entire loan amount along with interest and charges from the Complainant, the OP did not issue NOC which is not only unfair trade practice but also deficiency in service.
11. That, the cause of action of the case arose on 05.12.2023, when the Complainant received threatening SMS from the OP and the said cause of action is still continuing.

In support of the complaint, the Complainant filed the following documents by a firisty :-

1. Hardcopy of SMS dated 05.12.2023.
2. Reply dated 21.09.2021.
3. Notice from Manima Khan dated 06.08.2021.
4. Notice to the OP dated 18.03.2021.
5. Bank passbook of the Complainant at UCO Bank Jalpaiguri.
6. Statement of the Loan Account no. L2WS1L05862276.

Notice was issued from this Commission for servicing the same upon the OP. Despite receiving the notice, OP did not appear before this Commission to contest this case. Accordingly, the case is taken up for exparte hearing.

    Having heard the Ld. Advocate of the Complainant and on perusal of the Complaint, as well as documents filed by the complainant, the following points are to be decided by this Commission.                                                           

Points for consideration                 

1. Whether the Complainant   is a Consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant   entitled to get any award and relief as prayed for as per the prayer of his Complaint?

                         Decision with Reasons

All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case. The Complainant has filed examination-in-chief in the form of an affidavit wherein he has specifically corroborated the contents of the complaint. In the written deposition the Complainant has specifically stated that, he repaid the entire loan amount to the OP along with interest and charges. But despite receiving the entire loan amount along with interest and charges the OP did not issue the NOC in favour of the Complainant for confirming the closure of the said Loan Account. The Complainant in his written deposition has further stated that, he filed the bank statement in respect of the loan account and at the time of hearing of argument, Ld. Advocate of the Complainant argued that, though the Complainant has paid the sum of Rs. 2583/- on 05.10.2019 but the OP claims that, PDC No. Z8384390/17-1 was bounced on 06.10.2019. He further argued that, the Complainant has already filed his original bank passbook to satisfy this Commission that the said PDC was duly honored on 05.10.2019. It is further argument of the Complainant that, the Complainant on several occasion requested the staff of the OP for issuing NOC but they did not issue the same which clearly presumes that, there is deficiency in service on the part of the OP which caused mental pain, agony and suffering to the Complainant.  Ld. Advocate of the Complainant further argued that, despite receiving demand notice issued on behalf of the Complainant, the OP ignored to issue the NOC in favour of the Complainant which is nothing but the restrictive trade practice on the part of the OP.

Having heard the Ld. Advocate of the Complainant and on perusal of the written evidence, written notes of argument, document filed by the Complainant and on perusal of the complaint we find that, the Complainant has been able to prove the case to the effect that, the Complainant has already repaid the entire loan amount along with interest and charges to the OP. It also reveals that, the Complainant has provided the bank statement which was issued on behalf of the OP wherefrom it is clear that there was no

due in respect of the loan amount though the OP claims as if one PDC being no. Z8384390/17-1 for Rs. 2,583/- was not honored but from the bank passbook which is submitted by the Complainant we find that the said PDC has duly been honored on 05.10.2019. Moreover, from the record it also reveals that, the Complainant sent Legal Demand Notice to the OP through his Ld. Advocate requesting the OP for issuance of NOC but the OP did not issue the same till today.

            Considering the unchallenged evidence of the Complainant and on perusal of the Statement Of Accounts issued by the OP and on perusal of the Bank Passbook of the Complainant, we are of the view that, the Complainant has been able to prove the case against the OP to the effect that, the Complainant repaid the entire loan amount along with interest as well as charges to the OP but the OP did not issue the NOC in favour of the Complainant and the said act of the OP is nothing but the deficiency in service as well as restrictive trade practice towards the complainant.

                        Hence, it is therefore,

                                                                        ORDERED

                        That the instant Consumer Case being is No 94/2023 is herby allowed on exparte but in part. The OP is directed to issue No Objection Certificate (NOC) in favour of the Complainant confirming the closure the Loan Account being no. L2WS1L05862276 within 45 days from this day. The OP is further directed to pay a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the Complainant towards compensation for deficiency in service as well as restrictive trade practice. The OP is further directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the Complainant towards cost of legal proceeding. The OP is also directed to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) in the Consumer Legal Aid Account of this Commission.

     The OP is directed to pay the said sum of money along with the NOC in favour of the Complainant within 45 days from this day failing which the OP will have to pay interest @ 6% per annum with effect from this day till making payment of the entire amount. 

            Let a copy of this order be given to the Complainant free of cost.