The instant case was instituted on the basis of a written complaint filed by one Rajen Shil, under Section 12 of Consumer Protection act, 1986 which was registered as complaint Case No. 36/18 in this forum.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the son of the complainant Late Raju Shil purchased one motor bike TVS Apache-RTR after taking loan from TVS Credit Services Limited and the motor bike being registered No.- WB-60K-7144.

But unfortunately the son of the complainant died due to a motor accident between the motor bike and a taxi at a place under the Bangsihari P.S. As a result of which a criminal case was instituted at Bangsihari P.S bearing case No. 220 of 2014 corresponding to GR Case No.-960 of 2014.

From the petition as well as from the evidence it is revealed that due to the accident the motor bike was badly damaged and became unfit for movement. Thereafter, the complainant repaired the bike in question of his deceased son for which he had to expense Rs.30,000/-.

The complainant tried to sell out the vehicle but he came to know that the loan amount has not been cleared. This is why the Finance Company will not issue clearance certificate. For this reason nobody wanted to purchase the vehicle.

Thereafter, all on a sudden one educated young man on perusal of the documents of the vehicle informed that there was a policy of ICICI Lombard Insurance Company and the Finance Company has recovered the amount. But inspite of clearing the loan amount the O.P/ TVs Credit Services Limited did not issue the clearance certificate. For which the complainant failed to sell the bike. So, the complainant was suffering a loss and the complainant has claimed compensation for mental pain and agony, litigation cost and also prayed for issuing clearance certificate.

The petition has been contested by the O.P/ TVS Credit Services Limited by filing W.V denying all the material allegations as leveled against the O.P contending inter alia that the instant case is not maintainable and there is no cause of action to institute the suit and the complainant is not a consumer as defined in section 21 (d) of the Consumer protection Act, 1986.

The definite defence case is that the two wheeler loan was disbursed on 24/05/2014 in the name of Raju Shil , son of the complainant and Raju Shil was the borrower of loan who unfortunately died by an motor accident after making 4 EMIs. Insurance claim was settled by ICICI Lombard and payment was made to TVS Credit Services Limited on 31/05/2016. On 31/05/2016 NOC was generated and that was sent to the address of the customer on 04/06/2016 by registered post but no one on behalf of the complainant received the NOC. Therefore, the NOC was undelivered and returned to the TVS Credit Services Limited head office of Chennai on 29/06/2016.

The TVS Credit Services Limited tried to contract the customer through tele-calling unit during Aug-16 but the customer was not contactable. As per Company’s rule the NOC was destroyed on 21-09-2016. So, considering such facts and circumstances the instance case is liable to be dismissed with cost.

During trial the complainant (Rajen Shil) was examined as PW1 and cross examined and the complainant filed some documents as per firisti. On the other hand no evidence was adduced and no document was produced on behalf of the O.P.

Now the point for determination as to whether the complainant is entitled to get any relief from this forum or not?

          D E C I S I O N  W I T H  R E A S O N S:

The case of the complainant is that the son of the complainant took a loan from TVS Credit Services Limited for purchasing a motor bike and the loan was disbursed. But unfortunately the son of the complainant died due to a motor accident at a place under Bangsihari P.S in which the bike was involved. The complainant wanted to sell the bike after necessary repairing at a high cost but he failed to sell out the vehicle as no clearance certificate was issued.

The defence case is that the loan was liquidified as per policy by the ICICI Lombard. After the settlement of the insurance claim NOC was generated by the TVS Credit Services Ltd. and that was sent to the complainant by registered letter but the letter was not delivered and the letter was returned to TVS Credit Services Ltd. But in this regard the O.P/ TVS Credit Services Ltd. did not file the document to show that the NOC was issued to the complainant and it was not delivered to the complainant. Even no postal certificate was filed by the complainant that the registered letter was undelivered. In which the NOC was there. So, in such circumstances the argument raised by the Ld. Lawyer of the O.P that NOC was issued is not at all believable. The further defence case is that as per Company’s rule the NOC was destroyed. But no rule has been produced before this Forum. On perusal of the record it is found that the NOC dated. 28/08/2018 has been filed in this Forum. So, the fact has been mentioned in the W.V that NOC was destroyed on 21/09/2016 is not at all believable. The Ld. Lawyer of the O.P argued that the case is barred by law of limitation and the case has not been filed within the period of limitation of 2 years. But this argument as advanced by the Ld. Lawyer of the O.P is not acceptable as because the NOC was not received by the complainant, so the cause of action as yet arising. So, considering such facts and circumstances the complainant is entitled to get relief as follows.

C.F. paid is correct,

Hence, it is,

                                O R D E R E D:

 That the complainant case being No. CC-36/18 be and the same is allowed on contest against the O.P. No.1 but with cost and ex parte against O.P.No.2.

The O.P No.1 is directed to issue the NOC in respect of the vehicle no. WB 60-K-7144 freshly within 45 days from the date of order.

Besides that the complainant is entitled to get Rs.8000/- for mental pain and agony and Rs.4000/- for litigation cost. The O.P is directed to pay the amount of Rs.12000/-within 45 days from the date of order failing which it will carry interest @5% per annum from the date of order. 

Let a copy of this order be given to the parties free of cost.