BRANCH MANAGER, INDIA BULLS CREDIT FINANCIAL SERVICES LIMITED v. SHIVPAL SINGH
2015-01-09
B.C.KANDPAL, D.K.TYAGI, VEENA SHARMA
body2015
DigiLaw.ai
ORDER (Per: Justice B.C. Kandpal, President): This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 26.08.2010 passed by the District Forum, Haridwar in consumer complaint No. 47 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant – opposite party to issue No Objection Certificate to the respondent – complainant and also to provide the loan details to the respondent – complainant on payment of last loan installment of Rs. 1,125/- by the respondent, within a period of one month from the date of the order and the appellant was also directed to pay compensation of Rs. 5,000/- to the respondent. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that on 13.02.2007, the complainant had taken a loan of Rs. 20,119/- from the appellant, which was repaid by the complainant in 22 monthly installments of Rs. 1,125/- each and the complainant had paid sum of Rs. 24,750/- to the appellant. On 02.01.2009, the complainant visited the office of the appellant and asked for the details of his loan account and also requested for issuance of No Objection Certificate and No Dues Certificate. The appellant assured the complainant that the same would be sent to the complainant through post, but the same were not sent to the complainant. On 22.01.2009, the complainant again demanded the above certificates from the appellant, whereupon the appellant demanded certain amount from the complainant. When the complainant was not heard, he issued a legal notice to the appellant on 23.01.2009 and thereafter alleging unfair trade practice on the part of the appellant, the complainant filed a consumer complaint before the District Forum, Haridwar. 3. The appellant filed written statement before the District Forum and pleaded that the complainant has not repaid the entire loan; that the complainant was required to deposit 36 monthly installments of Rs. 1,125/- each, but he has deposited only 21 installments; that the complainant has not deposited any loan installment since January, 2009; that the complainant has committed default in repayment of the loan amount and that there is no deficiency in service on their part. 4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 26.08.2010 in the above manner.
4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 26.08.2010 in the above manner. Aggrieved by the said order, the appellant has filed the present appeal. 5. None appeared on behalf of respondent – complainant. We have heard the learned counsel for the appellant and have also perused the record. 6. The complainant has alleged that he has repaid the entire loan amount to the appellant and no amount is due against him. To the contrary, the appellant has stated that the complainant had to repay the loan in 36 monthly installments of Rs. 1,125/- each, but he has paid only 21 installments and has not paid the remaining installments. The District Forum has clearly observed in the impugned order that from the perusal of the record, it is evident that the complainant has paid 21 installments to the appellant and that he has not paid the remaining installments. 7. The District Forum has further observed that the complainant has not repaid the entire loan amount and has not paid the entire installments and some amount is still due against him. When the complainant has not repaid the entire loan amount, the appellant was justified in not issuing the No Objection Certificate and No Dues Certificates in favour of the complainant. When the District Forum has itself observed that the complainant has not paid the entire loan installments and has not fully repaid the loan to the appellant, there was no justification on the part of the District Forum to allow the consumer complaint and direct the appellant to pay compensation of Rs. 5,000/- to the complainant. 8. The District Forum has not properly considered the facts and circumstances of the case and has erred in allowing the consumer complaint per impugned order, which can not legally be sustained and is liable to be set aside. As such, the appeal is fit to be allowed. 9. For the reasons aforesaid, appeal is allowed. Order impugned dated 26.08.2010 passed by the District Forum is set aside and consumer complaint No. 47 of 2009 is dismissed. No order as to costs.