For Complainant          :             Self.

For Opp. Party               :             None   

                                                                                      -x-

1.                         The brief history of the case of the complainant is that he purchased a Glamour motorcycle on 25.04.2017 with the financial assistance of Rs.37, 095/- from OP and the EMI was fixed at Rs.2, 128/- starting from 05.06.2017 for 30 months.  It is submitted that he paid premiums up to 05.01.2018 for 8 months and rest amount of Rs.37, 095/- was paid at a time on 16.01.2018 to clear the entire loan dues.  It is further submitted that the OP without issuing NOC has illegally withdrawn Rs.2, 128/- from the bank accounts of the complainant on 05.02.2018 and in spite of written request dt.07.05.2018 to refund Rs.2, 128/- and issue NOC, the OP remains silent.  Thus alleging unfair trade practice on the part of the OP he filed this case praying the Forum to direct the OP to refund Rs.2, 128/- and to issue NOC in favour of the complainant.

2.                         The OP in spite of valid notice neither filed counter nor participated in the proceeding in any manner.  The complainant has filed certain documents in support of his case.  Heard from the complainant in absence of the OP and perused the materials available on record.

3.                         In this case, the complainant stated that he availed a loan from the OP for purchase of vehicle and the EMI was fixed at Rs.2, 218/- to be repaid in 30 months.  The first instalment fell due on 05.06.2017.  The complainant has paid EMIs up to 05.01.2018 and rest amount of Rs.37, 095/- was paid at a time on 16.01.2018 to clear the entire loan dues.  The case of the complainant is that the OP without issuing NOC, has withdrawn Rs.2, 128/- illegally from the bank account of the complainant.  The complainant has intimated the OP in writing on 16.04.2018 regarding such illegal withdrawal of money from his accounts and non issue of NOC but the OP remained silent since then.

4.                         The complainant has furnished the copy of money receipt dt.16.01.2018 through which he has paid Rs.37, 095/- towards repayment of loan dues.  He has also filed copy of his Syndicate Bank Statement of Account from which it is seen that on 05.02.2018 the OP has withdrawn a sum of Rs.2, 128/- towards loan instalment.

5.                         In absence of counter and participation of OP in this proceeding, we have lost opportunity to know anything from them.  It is not forthcoming whether any loan amount is pending against the complainant.  The OP has also not replied to the registered letter dt.16.04.2018 of the complainant.  In the above circumstances, we have no other go but to believe the allegations of the complainant against the OP.  The loan if any, is pending with the complainant, the OP should come forward with the counter in this case and also the OP should have replied to the letter of the complainant promptly.  By not doing so, the OP has committed unfair trade practice and he is to issue NOC in favour of the complainant besides refund of Rs.2, 128/- which amounts to illegal withdrawal.  Further due to such inaction of the OP, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure.  Considering the sufferings of the complainant we feel a sum of Rs.5000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

6.                         Hence ordered that the complaint petition is allowed and the OP is directed to issue NOC in favour of the complainant since the entire loan amount is cleared.  The OP is further directed to refund Rs.2, 128/- towards excess amount withdrawn with interest @ 12% p.a. from 05.02.2018 and to pay Rs.5000/- towards compensation and cost of litigation to the complainant within 30 days from the date of communication of this order.

(to dict.)