By. Smt. Beena. M, Member:
The Complainant has filed the above complaint under section 12 of the Consumer Protection Act, 1986.
2. Brief facts of the case:-
The case of the Complainant is that he had availed a loan of Rs.19,60,000/- from the Opposite Party, who is the non-banking finance institution, for purchasing a JCB 3DX EXCAVATOR LOADER. As per the terms and conditions, the Complainant should repay the sum of Rs.25,48,,400/- by 46 monthly instalments commencing from 05/06/2012 and ending on 05/03/2016. The Complainant has been making payment of instalment amount in the manner as stipulated in the payment chart. But there was a delay of some days in making the 25th instalment due to heavy flood and unemployment. It was informed to the agents and employees of the Opposite party to sanction a few days for payment and it was agreed also. Thereafter he has been very particular in making the payments. The Complainant was not an intentional defaulter. But the agent of the Opposite Party demanded an exorbitant amount in excess of the regular payment and the Complainant refused to give it.
3. Thereafter the Complainant and the officers of the Opposite Party discussed the matter and arrived at an amicable settlement, the Opposite Party fixed an amount of Rs.1,66,200/- being the final settlement amount. On 23/02/2016 the Complainant paid the said amount. But after that on 22/06/2020, some of the persons who claimed to be the men of the Opposite Party approached the Complainant and demanded to pay Rs.10,88,000/- to them otherwise dire consequences would be followed. The Complainant had cleared the entire amount as early as 23/02/2016 and there was nothing left to be paid. The Complainant repeatedly asks to issue the NOC from the financer of Opposite Parties but they are reluctant to issue the NOC saying one or other reasons. The officers of the Opposite parties demanded an exorbitant amount without any basis. On 23/06/2020 two men who claimed to be the men of Opposite Parties tried to seize the JCB from the custody of the Complainant. The act of the Opposite Parties is Unfair Trade Practice and deficiency in service. The Complainant sustained irreparable loss and hardship by non-issuance of NOC and thus suffered mental agony. So the Complainant filed this complaint with a prayer to restrain the Opposite Party from taking forceful possession of the JCB from the custody of the Complainant and direct to issue NOC and to pay Rs.1,00,000 as compensation and Rs.5,000/-as cost.
4. Notice issued to both Opposite Parties through registered post with acknowledgment and the notice duly served. Both Opposite Parties didn't appear before this Commission and not filed version, then this Commission set them ex-parte.
5. On perusal of complaint and documents, the Forum raised the following points for consideration:-
(1). Whether there is any Unfair Trade Practice and deficiency of
service from the Opposite Party's side?
(2). Whether the Complainant is entitled to get NOC from the
Opposite Party?
(3). Whether the Opposite Party is liable to pay any amount as
compensation?
(4). Relief and cost.
6. Point No. 1 to 4:- For the sake of convenience and brevity all points are considered together.
The Complainant adduced oral evidence. He examined as PW-1 and the documents produced were marked as Ext.A-1 to A-6. Ext.A-1 is the Payment Chart issued by the Opposite Party, Ext.A-2 is the account statement issued by the Federal Bank, Padinjarathara to the complainant, A-3 series are the payment slips issued by ICICI Bank Kalpetta, A-4 is the receipt dated 30/12/2015 issued by the SREI BNP PARIBAS, A-5 is the receipt dated 23/02/2016 issued by SREI BNP PARIBAS and A-6 is the statement of account issued by SREI BNP PARIBAS dated 23/02/2016. It is clear from Ext. A2 to Ext.A6 that the Complainants paid entire the loan amount. Hence there is no question of seize the JCB. Complainant is entitled to get an order restraining the Opposite Parties to seize the JCB.
7. The main allegation set forth in the complaint is that after the Complainant had paid all loan amounts and asked to issue NOC, but the Opposite Parties not ready to issue the NOC and they were tried to seize the JCB by force. Here the Opposite Party did not care to appear before the Commission and to file version, no contra evidence was produced by the opposite party to rebut the allegations set out in the petition, oral and documentary evidence. From the available evidence before this Commission, there is no reason not to believe the case of the Complainant, we are of the opinion that Opposite Party is bound to issue NOC to the Complainant at the instance of full and final settlement of the loan. Commission found that there is a deficiency of service that has happened from the side of the Opposite Party and some difficulties sustained to the Complainant, hence the points are found infavour of the Complainant. Here the Complainant is entitled to get compensation of Rs.7,000(Rupees Seven Thousand Only) along with cost of Rs.5,000 ( Rupees Five Thousand Only).
In the result, the complaint is partly allowed as follows:-
(1).The Opposite Parties are hereby directing to issue Non-Objection Certificate to the Complainant in connection with the loan of the JCB 3DX EXCAVATOR LOADER bearing Engine No.H00026127 and Chasis No.1821186C2012.
(2).The Opposite parties are restrained from seizing the JCB 3DX EXCAVATOR LOADER bearing Engine No.H00026127 and Chasis No.1821186C2012 from the possession of Complainant.
(3).The Opposite Parties are hereby directed to pay Rs.7,000/- (Seven Thousand) as compensation and Rs.5,000 (Five Thousand) as costs of the proceedings.
The Opposite Parties are hereby directed to comply with this order jointly or severally within 30 days from the date of receipt of this Order. Failing which the Complainant is entitled to get 12% interest on the total ordered amount from the date of complaint till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission on this the 23rd day of November 2021.
Date of Filing: 30.06.2020.
PRESIDENT :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Sony Thomas. Driver.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Repayment Schedule.
A2. Account Statement (4 Pages).
A3(a). Payment Slip.
A3(b). Payment Slip.
A3(c). Payment Slip.
A3(d). Payment Slip.
A3(e). Payment Slip.
A3(f). Payment Slip.
A4. Money Receipt. Dt:30.12.2015.
A5. Money Receipt. Dt:23.02.2016.
A6. Account Statement.
Exhibits for the opposite parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
SENIOR SUPERINTENDENT,
CDRC, WAYANAD.
