Date of filing : 02.07.2010<br /> Date of Order: 15.10.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 15TH DAY OF OCTOBER 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1487 OF 2010<br /> <br /> Dr. Dheeraj T. Alva,<br /> S/o T.Vishwanath Alva,<br /> R/at No.131/2, 5th Cross,<br /> 1st Main, Lower Palace Orchard,<br /> Bangalore-3. Complainant<br /> <br /> <br /> V/S<br /> <br /> <br /> <br /> 1.The Manager,<br /> HDFC Bank,<br /> Branch No.548/D, 1st Floor,<br /> Maruthi Mansion, CMH Road,<br /> Indiranagar, Bangalore.<br /> <br /> 2.The Managing Director,<br /> HDFC Bank, Business Loan Dept.,<br /> Golden Towers, 3rd Floor, Airport Road,<br /> Bangalore-16. Opposite parties<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, the complainant is a dentist by professional, he had taken loan of Rs.4,70,000/- from the opposite party Bank. The complainant had promptly repaid the entire loan amount and requested the opposite party to issue clearance certificate. The opposite party is demanding Rs.18,571/-, the complainant refused to pay the amount. The opposite party is not maintaining the correct statement of account which amounts to deficiency in service. The illegal action of the opposite party damaged the reputation of the complainant. The officers of the opposite party are highly unprofessional and not maintaining the standards of banking practice. The complainant prayed that to rectify the account statement and to quash the notice dated 7-5-2010 and direct the opposite party to issue clearance certificate after closing loan account No.932146 and opposite party be directed to pay compensation of Rs.1,00,000/- for mental agony and deficiency of service. <br /> 2. The opposite party had filed defense version, stating that the opposite party has not done anything wrong as alleged by the complainant. It is submitted that there are some discrepancy in account statement. Hence notice dated 7-5-2010 was sent to the complainant. Later on promised the complainant that it will be rectify and NOC will be issued. Once the bank learnt that there are some discrepancies it took all necessary steps and notified the same to the complainant. The bank had promise that account will be closed and will issue No Objection Certificate to the complainant. The Bank is ready to issue NOC. <br /> 3. Arguments are heard.<br /> 4. The points for consideration are:<br /> 1. Whether the opposite party had committed deficiency of service?<br /> 2. Whether the complainant is entitled for the relief? <br /> <br /> REASONS<br /> 5. As per the pleadings of the parties there is absolutely no dispute whatsoever between the parties in respect of taking loan and also repayment of entire loan amount made by the complainant. The complainant has promptly cleared the entire the loan taken from the opposite party Bank. The complainant is right in asking No Due Certificate / Clearance Certificate in respect of loan account No.932146. The opposite party has clearly admitted in the defense version that the notice dated 7-5-2010 was wrongly sent to the complainant on account of some discrepancy and on noting the said discrepancy bank took all necessary steps and rectified the mistake and same was notified to the complainant also. The bank clearly stated that it had promised the complainant that loan account will be closed and clearance certificate will be issued to him. The bank is ready to issue No Due Certificate in respect of loan account. Therefore, there is no dispute at all between the parties as per the bank statement there is absolutely no due from the complainant. The notice issued by the bank demanding Rs.18,539/- as no legal basis and same is illegal. The complainant is right in refused to pay that amount. The bank has also realized the mistake and corrected the account statement and withdrawn the notice dated 7-5-2010 and now the bank is ready to give No Due Certificate. In view of the defense taken by the opposite party admitting that there was some discrepancy in account statement and it was later on corrected itself establishes the deficiency in service on the part of the opposite party. The complainant has been put to unnecessary mental tension and harassment for no fault of him. Therefore, the complainant definitely entitled for the cost of the present litigation from the opposite party. The complainant has prayed the compensation of Rs.1,00,000/- for mental agony, on the facts of the case it is not a fit case to grant compensation of Rs.1,00,000/-. In the result, I proceed to pass the following:- <br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to issue No Due Certificate / Clearance Certificate to the complainant in respect of loan account No.932146 immediately. The notice of the bank dated 7-5-2010 demanding Rs.18,539/- is quashed. The opposite party is directed to pay Rs.2,000/- to the complainant as cost of the present proceedings within 30 days from the date of this order. The opposite party is directed to send the No Due Certificate and cost amount awarded directly to the complainant with intimation to this Forum. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 15TH DAY OF OCTOBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />