DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
Wednesday the 26th day of April 2023
C.C.381/2018
Complainant
Mr. Hamza.K
S/o. moideen Koya,
Kuniyil House
Naduvannur Amsom,
Koyilandy Taluk,
Kozhikode.
Opposite Parties
The Manager,
BRD securities Ltd.,
1st Floor, V.P.Building,
Kannur Road, Westhill,
Kozhikode – 673 005.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
- The case of the complainant, in brief, is as follows:
On 01-01-2016 the complainant purchased a scooter availing a loan of Rs.83,700/- from the opposite party. The EMI was Rs.3,232/-. The entire loan amount was repaid before the expiry of the loan period. At the time of availing the vehicle loan, the opposite party had obtained two signed blank cheques and property tax receipt from him. He had repaid a total sum of Rs.1,30,580/- including interest. But the opposite party refused to issue HP termination certificate (Clearance certificate) and return the two signed blank cheques and the property tax receipt. The act of the opposite party amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite party to issue clearance certificate and return the two signed blank cheques and the property tax receipt along with compensation of Rs. 25,000/-.
- The opposite party was set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Exts. A1 to A3 were marked.
- Heard.
- Point No.1– The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite party. The specific allegation is that opposite party refused to issue clearance certificate and return the documents even after closing the loan.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. PW 1 has asserted in the affidavit that he had repaid the entire loan amount with interest. The loan of Rs.83,700/- was availed on 01-01-2016 which was to be repaid in monthly installments of Rs.3,232/-. PW1 has asserted that he has repaid a total amount of Rs.1,30,580/- including interest before the expiry of the period, but there was neglect on the part of the opposite party to issue clearance certificate and to return the signed blank cheques and property tax receipt. Ext A1 is the passbook, Ext.A2 series are the receipts, 33 in number and Ext A3 is the registered notice and postal receipt.
- The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3. Refusal to issue clearance certificate and non-return of the documents even after closure of the loan undoubtedly amount to unfair trade practice and deficiency of service. The opposite party is bound to issue the clearance certificate and return the documents to the complainant. It goes without saying that the act of the opposite party has resulted in mental agony, hardship and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.5,000/- will be reasonable compensation in this case.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 381/2018 is allowed in part.
- The opposite party is hereby directed to issue clearance certificate (HP termination certificate) pertaining to vehicle bearing Registration number KL-56-N-410.
- The opposite party is directed to return the two signed blank cheques and the property tax receipt to the complainant.
- The opposite party is directed to pay a sum of Rs. 5,000/-(Rupees Five Thousand only) to the complainant as compensation for the mental agony and hardship suffered.
- The order shall be complied with within 30 days of the receipt of copy of this order.
- No order as to costs.
Pronounced in open Commission on this the 26thday of April 2023.
Date of Filing: 31-12-2018.
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
APPENDIX
Exhibits for the Complainant :
Ext A1 - Passbook
Ext A2 series - Receipts (33 in number).
Ext A3 - Registered notice and postal receipt.
Exhibits for the Opposite Party
Nil
Commission Exhibits:
Nil
Witnesses for the Complainant
PW1 – Mr. Hamza.K.
Witnesses for the opposite parties
Nil
Sd/-
PRESIDENT
Sd/-
MEMBER
Sd/-
MEMBER
Forwarded/ By Order
Sd/-
Assistant Registrar
