First Appeal No. 307/2010. Case: Branch Manager, India Bulls Credit Financial Services Limited Vs Shivpal Singh. Uttaranchal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 307/2010
CounselFor Appellant: Pradeep Bartwal, Learned Counsel
JudgesB.C. Kandpal, J. (President), D.K. Tyagi, H.J.S. and Veena Sharma, Members
IssueConsumer Protection Act, 1986 - Section 15
Judgement DateJanuary 09, 2015
CourtUttaranchal State Consumer Disputes Redressal Commission


B.C. Kandpal, J. (President)

  1. 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. 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.

  2. 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.

  3. 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...

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