ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 07.05.2023 Date of Reserve : 16.04.2025 Date of Decision : 13.05.2025 IndusInd Bank Ltd. having its registered office at No.2401, Gen. Thimmayya Road, Pune-411001 and Branch Office at Ground Floor, B-2/11, Amritsar Road, Mohalla Nanaksar, Bagichi Lakha Singh, Tarn Taran-149401 through its Branch Manager.

Note : Appellants are being represented by Chandan Dhingra, Age 33 years Dy. Manager (Legal) IndusInd Bank Limited, S/o Sh.Shyam Sunder Dhingra, R/o 980, Sector 10, Panchkula, Haryana, 134109 (Aadhar No.59511117933 and Mobile No.99888- 73322), who has been duly nominated and constituted as true and lawful Attorney of the IndusInd Bank Limited, vide GPA dated

25.05.2022.

….Appellant/opposite party Versus Lakhwinder Singh S/o Late Dial Singh, Resident of VPO Johar Singh Wala, Tehsil Patti, District Tarn Taran.

…..Respondent/complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 03.03.2023 of the District Consumer Disputes Redressal Commission, Tarn Taran.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mr.Vishav Kant Garg, Member Present:-

For the appellant : Sh.S.K.Sharma, Advocate For the respondent : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party- IndusInd Bank Ltd. against the order dated 03.03.2023 passed by District Consumer Disputes Redressal Commission, Taran Taran, (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was allowed against the opposite party and they were directed to issue No Due Certificate qua loan agreement No.PJA00852D to the complainant. The opposite party was further directed to pay Rs.20,000/- as compensation on account of harassment and mental agony and Rs.11,000/- as litigation expenses. It was also directed that if the order is not complied within one month from the date of receipt of copy of the order then the complainant would be entitled to interest @9% per annum on the awarded amount, from the date of complaint till its realization.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant got financed his vehicle bearing No.PB-02-CR-9817 having engine No.FXPZ124906, Chassis No.MB1KADYC0FPXN9526, Model 2015 from the opposite party for a sum of Rs.22,00,000/-, vide loan agreement No.PJA00852D dated 26.10.2015. All the installments were made completely by the complainant till August, 2020 and as per the statement of account dated 16.09.2020, the status of above said loan account has become closed as on 28.08.2020. After clearing the loan, the complainant approached the opposite party and requested to issue No Due Certificate as he was required to cancel hypothecation from the registration certificate but the matter was delayed by the officials of the opposite party. The complainant after some time again approached the opposite party with request to issue NOC along with requisite form for deletion of hypothecation from RC as the loan has already been cleared but the official of the opposite party refused to do so. This act and conduct of the opposite party amounts to deficiency in service and unfair trade practice, which compelled the complainant to approach the District Commission, seeking following reliefs:

i) to issue NOC and requisite form to the complainant required for deletion of hypothecation from the RC of the vehicle.

ii) to pay Rs.20,000/- as compensation for causing inconvenience, mental pain and harassment; and iii) to pay Rs.11,000/- as cost of complaint.

3. Upon notice, opposite party appeared and filed its written reply taking preliminary objections that the complainant is estopped from filing the present complaint by his own acts an