West Bengal

Dakshin Dinajpur

CC/3/2021

Sri Samir Sarkar, S/O- Late Saroj Sarkar - Complainant(s)

Versus

The Branch Manager, Hinduja Leyland Finance Limited - Opp.Party(s)

Somen Saha

02 Mar 2022

ORDER

 Today is fixed for passing ex-parte order. 

 The instant case has been initiated by the complainant U/S – 35 of C.P. Act, 2019 against the Opposite Party claiming issuance of Loan Clearance Certificate + Compensation – Rs.4, 50,000/- + Litigation Cost – Rs. 20,000/- .

The fact of the case, in brief, is that the Complainant for his personal use decided to purchase a Honda CB Shine Drum Bike and accordingly communicated with the Opposite Party for finance of the said bike and Hypothecation of Hinduja Layland Finance Limited, Malda office who agreed to finance the said bike and it was settled that the Complainant has to pay 24 instalment @ Rs.2727/- to the Opposite Party  for repayment of the said loan/ hypothecation. Accordingly, the Complainant purchased one Honda CB Shine Drum Bike vide Engine no.JC65ET1223811, Chasis no.ME4JC657MHT063922 from Gita Motors, City Plaza, Balurghat and the said bike was subsequently registered as WB-62/H 5300.

As per settlement the Complainant, without fail, without any delay, without any discrepancy paid all 24 installments @ Rs.2727/- to the Opposite Party and successfully repaid his loan/hypothecation amount and lastly paid his last installment on 05.01.2020.  The Opposite Party had financed an amount of Rs.54,000/- and including finance  charge in total the agreement value was Rs,64,448/- and the Complainant has repaid  the total amount of Rs.65,448/- as settled in between them.

Thereafter, the Complainant in repeated occasions communicated with the Opposite Party for issue of No Due Certificate / Loan Clearance Certificate in his favour but get no response from the Opposite Party. Then, the Complainant on 01.09.2020 & 22.09.2020 sent e-mail but did not get any solution.  There is full negligent and deficiency in service on the part of the Opposite Party. Having no alternative, the Complainant became bound to take the shelter of this commission for getting proper redress.  

It appears from the case record that notice was issued to the Opposite Party and after getting notice the Opposite Party appeared before this Commission by filing Vokalatnama and prayed for time for filing written version.  Subsequently, the Opposite Party did not appeared before this Commission nor filed written version so, the case is proceeded ex parte against the Opposite Party.

To prove his case , the complainant has submitted the following documents-

(I) Photo copy of statement of account 

(ii) Computerized copy of e-mail communication

(iii) Photo copy of certificate of registration 

(iv) Photo copy of tax invoice.

 

                                         DECISION  WITH  REASONS

          

             We have heard argument by Ld. Advocates for the Complainant.  Perused the case record and the documents filed by the Complainant.

 On perusal of the Statement of Account  in the name of the Complainant issued by the Opposite Party, it appears that the first installment was paid on 31.01.2018 @ of Rs.2727/- and the last installment was paid on 05.01.2020 in the same rate and the total amount has been paid to the tune of Rs.66,569/- to the Opposite Party. Thus, it is clear that the Complainant has paid all the financed / hypothecated amount to the Opposite Party. We also perused the photo copy of Tax Invoice and Certificate of Registration which reveals that the said Bike was purchased from Gita Motors, City Plaza New Market, Balurghat at Rs.59,400/- and the said Bike was duly registered  in the name of the Complainant vide Registration No. WB 62H 5300, Engine no.JC65ET1223811 and Chasis no.ME4JC657MHT063922.

Now, from the letter sent through e-mail dated 22.09.2020 by the Complainant, praying for issue of loan clearance certificate and non-issuance of the said certificate on the part of the Opposite Party, shows the negligent and deficiency in service on the part of the Opposite Party.

 

In view of the above mentioned discussions, it has been established that the Complainant is a bona fide consumer to the Opposite Parties and there is deficiency in service on the part of the Opposite Parties.

 

 

 Hence, it is

                                                       O R D E R E D

             

   That the Consumer Case No. 03 of 2021 is hereby allowed ex parte in part but with cost. 

           The Opposite Party is directed to issue No Due Certificate / Loan Clearance Certificate in favour of the Complainant regarding the Honda CB Shine Drum Bike vide Engine No.JC65ET1223811, Chasis No.ME4J657MHT063922 and Registration No. WB 62 H 5300 within 45 days from the date of passing of this order. The Opposite Party is also directed to hand over all the relevant original documents regarding the above mentioned Bike. The Opposite Party is further directed to  pay Rs. 2,000/- toward Compensation and Rs.2,000/- towards litigation cost  within 45 days from the date of passing of this order by issuing an account payee cheque in favour of the Complainant failing which the Complainant is at liberty to execute the order as per law.

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