IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 30th day of October, 2019.
Present: Sri. Manulal.V.S, President
Smt..Bindhu.R, Member
CC No. 88/19(Filed on 11/06/19)
Complainant : K.M. Raju
S/o.T.M. Mathai
Thannimoottil House, Velloor PO,
Pampady, Kottayam-686501.
Vs
Opposite parties : Kotak Mahindra Prime Ltd.,
Car Finance Kottayam Branch, IVth Floor,
Payyil Kohinoor Arcade, Sankranthi
Junction, Kottayam 686 028 Repted by its
Branch Manager, Kottayam Branch.
O R D E R
Sri. Manulal.V.S, President
The case of the complainant is as follows. The opposite party is engaged in the business of vehicle loan finance. The complainant had availed a car loan from the opposite party vide loan agreement No.CF9257233 executed on 28/5/2013. As per the loan agreement the EMI of the loan was Rs.11,130/- commencing from July 2013 and ending on June 2018. The complainant was prompt in repayment of loan fully and finally settled the loan amount within a period of 59 months instead of the scheduled period of 60 months. The EMI for the last 2 months amounting to Rs.22,260/- was paid by the complainant vide demand draft No.432941 dated 07/05/2018 drawn on the Canara Bank, Kottayam. Thus, the complainant had paid the entire loan amount on 7/5/18 the complainant requested to the opposite party to issue the loan closure certificate to cancel the endorsement of the loan in the registration certificate. The opposite party did not respond to the request of the complainant. Therefore again on 14/7/18 the complainant has issued a letter to the opposite party requesting them to issue the loan closure certificate. The opposite party did not issue the certificate till the date under one or other false pretext. Since the loan amount has been paid fully and finally the opposite party is bound to issue the loan closure certificate. The non issuance of the loan closure certificate by the opposite party amounts to deficiency in service and unfair trade practice and that caused mental agony to the complainant. Therefore the complainant prayed for a direction to the opposite party to issue loan closure certificate and compensation for mental agony caused to him.
Notice was served to the opposite party. Opposite party did not appear before this forum and not filed version. Hence the opposite party is set exparty.
The complainant filed proof affidavit in lieu of his chief examination and Exts. A1 to A4 were marked.
On evaluation of the complaint and evidence on records we would like to consider the following points :
i)Whether there is any deficiency in service or unfair trade practice on the
part of the opposite party?
ii)Reliefs and costs
Point No.1
For the sake of convenience we would like to consider point no.1 and 2 together. On perusal of Ext.A1 and A2 we can see that the complainant had availed a loan of Rs.4,84,000/- from the opposite party on 28/5/13 vide agreement No.CF9257233. The tenure of loan was 60 months. As per the schedule-II attached to the Ext.A1 the loan would be repaid in 60 equal monthly installments of Rs.11,130/-, which starts from 10/7/13 to 10/6/18. As per Ext.A2 the receivable amount is Rs.6,67,800/- for the closure of the loan. The complainant deposed in the affidavit that he had paid entire loan amount one month before 10/6/18. He further stated in the affidavit that the last 2 monthly installments of loan amount was paid by him vide demand draft No.432941 dated 7/5/18 for Rs.22,260/-. Ext.A3 is the letter dated 7/5/18 it is issued to the manager of the opposite party along with slip. In Ext.A3 the complainant has requested to issue the loan closure certificate at the earliest. Ext.A4 is the letter dated 14/7/18, which is issued by the complainant to the opposite party requesting loan closure certificate from the opposite party. Ext.A3 and A4 received by the opposite party, the opposite party did not issue the loan closure certificate. The opposite party did not care to appear before this Forum and to file version, or adduce any evidence to rebut the contention of the complainant. From the available evidence we are of the opinion that the opposite party is bound to issue loan closure certificate to the complainant at the instance of full and final settlement of the loan. In the case in hand the only evidence available is that Ext.A3 and A4 notice. It is issued by the complainant stating that he had paid entire loan amount before 10/6/18 and requested for the issuance of loan closure certificate. There is no evidence before us to disbelieve the evidence adduced by the complainant. Therefore we are of the opinion that opposite party had committed deficiency in service by not issuing the loan closure certificate to the complainant at the instance of full and final settlement of the loan account. The complainant has suffered much loss and sufferings from the act of deficiency in service from the side of the opposite party.
In the circumstances we allow the complaint and pass the following orders.
- The opposite party is hereby directed to issue the no dues certificate or loan closure certificate to the complainant.
- The opposite party is hereby directed to pay Rs.5000/- (Rupees Five thousand)as compensation and Rs. 1000/- (Rupees Thousand)as cost to the complainant.
The Order shall be complied with within 30 days from the date of receipt of copy of the order, If not complied as directed, the award amount will carry 9% interest from the date of order till realization.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30th day of October , 2019
Sri. Manulal.V.S, PresidentSd/-
Smt..Bindhu.R, Member Sd/-
Appendix
Exhibits marked on the side of the complainant
A1-Agreement schedule
A2-Loan repayment schedule dtd 12/6/13
A3-Letter dated 7/5/18
A4-Copy of letter dtd 14/7/18
By Order,
Senior Superintendent.
