Date of filing:- 22/08/2019. Date of Order/Judgement:-28/11/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 79 of 2019.
Dhanpati Agrawal, S/o. Omprakash Agrawal aged about 40 years, Occupation. Business, R/o. Kotna, Po. Kotna, Ps./Tah. Jharbandh, Dist. Bargarh (Odisha).
..... Complainant.
V e r s u s
The Branch Manager, Mahindra Finance Company Limited, Sambalpur Branch, Sambalpur (New Bus Stand) Sambalpur.
….. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- J.P. Pradhan and Associate.
For the Opposite Party :- :- Sri Ashok Kumar Sahoo and Associate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.28/11/2022. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant financed from the Mahindra Finance Company on Dt. 30/04/2017 and purchased a Bolero ZLX BS4. The Complainant had deposited the installment amount in the loan account time to time from 06/05/2017 to 05/02/2019 without any trouble. The Complainant has already cleared all finance amount in stipulated period. On 06/02/2019 after clearance of all amount of finance of vehicle Bolero ZLX, BS4 Power plus, the Complainant visited personally and subsequently so many times before the Opposite Party and requested him to issue the clearance certificate regarding Bolero ZLX, BS4 power plus No. OD 17K 0035. On dated 24/06/2019 the Complainant send a registered advocate notice to the Opposite Party for deliver the clearance certificate and paid Rs.50,000/-(Rupees fifty thousand) only Compensation. Such act and conduct of the Opposite party towards the Complainant were nothing but deficiency and negligency in rendering service and such act of the Opposite Party amounts to unfair trade practice.
- The case of the Opposite party is that the Branch Manager, Mahindra Finance Company Limited filed its version and submitted that Complainant availed a Loan from the Opposite Party and agreed to pay the amount in 23 quarterly EMIs starting from 06/05/2017 and ending on 05/03/2019 as per repayment schedule. The Opposite Party again submitted that there is no deficiency on the part of the Opposite party as after clearance of the dues, NOC has been processed and issued vide NOC No. 4170155 on Dt. 14/09/2021.
- Perused the documents filed by the Complainant and the Opposite party and it is clear from the account statement of Mahindra Finance Company Limited that on 19/02/2019 a future balance of amount Rs.19,850/-(Rupees nineteen thousand eight hundred fifty) only was pending against the Complainant. The account statement of Bank shows that the Complainant on dated 20/02/2019 paid the balance amount of Rs.19,850/-(Rupees nineteen thousand eight hundred fifty) only. Hence it is clear that there was no dues against the Complainant from 20/02/2019. On dated 24/06/2019 the Complainant send a registered advocate notice for supply of NOC. But the Opposite party remained silence and issued NOC on dated 14/09/2021. It is the duty of the Opposite Party to produce the NOC after clearance of the Loan. But the Mahindra Finance Company failed to produce NOC in time and proved to be deficient in its service.
Accordingly it is Ordered.
O R D E R
The Complainant is allowed on contest. The Opposite Party is directed to pay Rs.20,000/-(Rupees twenty thousand) only compensation towards harassment and mental agony and Rs.5000/-(Rupees five thousand) only for litigation expenses to the Complainant within one month from the date of this order. Failing which the entire amount will carry 12% interest per annum till realisation.
Order pronounced in open court on this 28th day of November 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.28/11/2022 Dt.28/11/2022
M e m b e r (w) P r e s i d e n t
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