IMPORTANT POINT
When there are no irregularities in the orders passed by the lower fora, the revisional jurisdiction cannot be invoked.

Dinesh Singh, Member—The matter in brief is that the respondent – complainant obtained a loan of Rs. 3,20,000/- from the revisionist – finance co. for purchasing the subject vehicle. The loan was for 36 months. The complainant deposited post-dated cheques with the finance co. There was an agreed arrangement between both parties to the effect that the complainant would pay EMI (equal monthly installment) to the finance co. in cash and get back his corresponding post-dated cheque for the said month.

The case of complainant was that he had paid all monthly installments without default. The finance co. refused to issue its NOC (No Objection Certificate) despite duly receiving all monthly installments. The finance co. wrongly alleged that one monthly installment was not paid and wrongly demanded one (more) monthly installment with penal charges and penal interest. The finance co. indulged in deficiency in service and unfair trade practice.

The contention of the finance co. was that the complainant had committed default in payment of one monthly installment. The complainant was liable to pay the said monthly installment with penal charges and penal interest in addition to cheque bounce charges. The NOC was rightly withheld.

2. The District Forum heard both sides, appraised the evidence and through a reasoned Order dated 19.02.2014 partly allowed the complaint, inter alia holding that:

This Statement of Account under Ex.B2 filed by the Opposite Party is nothing but an Unfair Trade Practice as the same is contradicted by their own document under Ex.A1. The Opposite Party has miserably failed to establish that the Complainant was due by an amount of Rs. 9,651/- on 18.04.2011. This view has also lend support from the fact that the Opposite party has issued Ex.A2 (Ex.A42) receipt for the final payment installment. It also lend support from the fact that the Opposite Party had returned Ex.A3 cheque dated 10.02.2010. Ex.A9 to Ex.A41 receipts clearly indicates that the Complainant had paid all paid all the 35 installments. In view of the documentary evidence under Ex.A1, Ex.A2 and Ex. A9 to Ex.A42, we hold that the Complainant is not at all liable to pay any amount to Opposite Party and as such the documents filed by the Opposite Party under Ex.B5 statement of account is of no consequence and have no evidentiary value. We therefore, hold that the Opposite Party has not only committed deficiency of service but also adopted Unfair Trade Practice.

(para 7 of the Order)

Though the Complainant had paid the entire loan amount by 18.04.2011 still the Opposite Party is illegally and arbitrarily contending that the Complainant is due a sum of Rs.17,000/-. But the Opposite Party has miserably failed to substantiate the said contention. The Complainant was subjected to mental agony and untold misery for no fault of him without issuing No Objection Certificate. Consequently, he was not in position to get the R.C. transferred in his name and run his vehicle freely on the road. In the facts and circumstances of the case, we are of the view that the ends of justice would be met if an amount of Rs.100/- per day is awarded for causing inconvenience from running his vehicle on the road freely. We are also of the view that it is just and reasonable to award compensation of Rs.20,000/- towards the mental agony, hardship and trauma caused to the Complainant.

(para 8 of the Order)

In view of our findings on point No. 1 to 4, we hold that the Complainant is entitled to get the “No Objection Certificate” from the Opposite Party without any further payment. The Complainant is also entitled for a sum of Rs. 100/- per day towards damages for causing inconvenience to him to run the vehicle on the road freely. The Complainant is also entitled to compensation of Rs.20,000/- towards mental agony, hardship and trauma suffered.

In the result the complaint is partly allowed with the following terms:

1. The Opposite Party shall issue “No Objection Certificate” w