DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO. 99 OF 2022

                                                                              Date of Filing: 28.12.2022

                    Date of Order:  01.05.2023

Mirza Kumar Baig,

At- Gopal Sahi Jiringpada

PO- Phulbani

District-Kandhamal             …………………….. Complainant.

Versus.

The Manager,

Hinduja Leland Finance,Ltd,

In front of Women’s College

District- Nayagarh                                    ……….….. Opp. Party.

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi          - Member.

For the Complainant:  Self

For O.P.                     : Expartee

JUDGEMENT

Mr. Sudhakar Senapothi, Member.

          Complainant Mirza Kumar Baig has filed this case U/s 35 of CP Act-2019 alleging the deficiency of service and unfair trade practice on the part of the Opposite Party for claiming a sum of Rs. 21,142/- from him after clearing all the loan dues as per agreement and praying therein for direction to the Opposite Party to provide him No Due Certificate and to pay compensation for deficiency in service and harassment. .

1. Brief fact leading to the case is that the complainant had obtained a loan from the Opposite Party for purchase of a motorcycle. He has cleared up all the dues as per the agreement executed between them. As his No Due Certificate was not issued, he lodged before the Counsel Counseling Centre, Kandhamal and when the matter was under counseling, the Opposite Party issued a demand notice of Rs. 21, 142/- for which he filed this case before the Commission as discussed in the preceding paragraphs.
2. Notice is issued to the Opposite Party by the Registered Post. But the Opposite Party preferred not to appear nor challenged the allegation brought against him in any manner. So, he was set expartee and this Commission proceeded to dispose of the matter on its own merit.
3. It is settled principle of law that where the Opposite Party do not challenge the allegations made against him, it is deemed to have been admitted by him. In the instant case, the Opposite Party even after receipt of noticed preferred not to appear nor to challenge the allegations advanced against him.
4. Issue of a demand notice after clearance of dues amounts to deficiency in service and as a case of deficiency in service is made out against the Opposite Party, he is made liable to compensate the petitioner and hence the order.

O R D E R

The complaint petition is allowed expartee against the Opposite Party. The Opposite Party is made liable for causing deficiency in service and harassment to the complainant. The Opposite Party is directed to provide no due certificate to the complainant in respect of loan agreement number ORBUNGTW01891 within a period of 30 days from the date of the receipt of order and to pay a sum of Rs. 25000/-(twenty five thousand) only as compensation for harassment and deficiency in service a sum of Rs.10, 000/- (Ten thousand) only towards cost of litigation. The order as to cost and compensation shall carry interest @ 12% per annum from the date of order till its compliance.

                                                         Computerized & corrected by me.

         I Agree

     PRESIDENT                                                    MEMBER

Pronounced in the open Commission today on this 1^st May of 2023 in the presence of the parties.  

     PRESIDENT                                                    MEMBER