M.THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) The respondent/complainant lodged a consumer complaint against the opposite parties, seeking direction to issue vehicle loan closure notice, No Objection Certificate, along with Registration Certificate, in addition to, unfilled blank cheques as well claiming compensation of Rs.97,000/- for mental agony; alleging that he had borrowed a loan of Rs.30,052/- from the first opposite party, agreeing to repay the same by 36 EMI, for which, he had issued cheques, that the entire loan amount was discharged, despite the payment, the first opposite party threatened the complainant unlawfully, demanding to pay Rs.6682/- as an additional penalty charges, failing which, they will not issue loan closure notice and other documents, which should be construed as negligent act as well as deficiency in service, since he had discharged the entire loan.
(3.) The opposite parties admitting the availing of financial assistance by the complainant, as per the loan agreement dated 20.09.2004, resisted the complaint, contending that the complainant failed to pay the loan installaments in time, and the cheques issued for installments 8, 12, 23 and 30 were dishonoured due to insufficient funds, for which, as per the terms and conditions of the loan agreement, the complainant is liable to pay penal charges, which comes to Rs.5596/-, along with insurance amount of Rs.1086/-, totaling a sum of Rs.6682/- and that for the non-payment of the said amount alone, documents were not returned, which cannot be termed as deficiency in service, thereby prayed for the dismissal of the complaint.;