Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member Misc.Application for condonation of delay was allowed subject to payment of cost and cost was paid. Subsequent to it appellant is remaining absent. Therefore, we heard Ld.counsel appearing for respondent and perused the record. Respondent/original complainant had purchased a tractor after taking finance from the appellant. He has fully paid the dues and after paying the same when he asked for ‘No Objection Certificate’ since the dues were paid, the same was not given on the ground that while paying the installments, there was delay of 126 days and for which the respondent was supposed to pay penal interest @ 3% p.a. for the delay. Therefore, consumer complaint was filed. Forum below upholding the contention of the respondent/original complainant, directed appellant/org.O.P. to issue No Objection Certificate along with compensation of Rs.10,000/- towards mental torture and Rs.3000/- as cost. Feeling aggrieved thereby this appeal is filed by original O.P. After carefully considering the material placed before us and the particulars of delay as mentioned in the appeal memo, we find that delay of one day in paying first installment, delay of two days in paying second installment, delay of 83 days in paying third installment (due date September 5, 2003 and paid on November 27, 2003), delay of 17 days in paying fourth installment in the month of March 2004 and delay of 23 days in paying fifth installment in the month of September 2004, total delay is of 126 days. Thereafter, further EMI were accepted when rendered and there were no complaints about the interest due on delayed payments, supra. The dues were entirely repaid by the month of September 2004 and, therefore, NOC was asked for. Keeping silence after September 2004 about alleged delay in making payment of first five installments and, thereafter, when the question came about issuing NOC that too on demand which Financial Institution ought to have given soon after making payment of last installment, this particular stand was taken. We find no reason to take a different view than what has been taken by the forum below. Under the circumstances, we find appeal devoid of any substance. Hence the order:- ORDER Appeal is not admitted and stands rejected accordingly. No order as to costs. Copies of the order be furnished to the parties. |
