- (1.) The unsuccessful complainant is the appellant.
(2.) Complainant filed a complaint against the opposite party claiming direction for the issue of termination papers and no objection certificate regarding the car loan or to refund a sum of Rs.10,928/- being the excess amount collected with interest and for costs.
(3.) The complainant had availed a car loan under the opposite party?s bank for Rs.1,50,000/- on the loan agreement and he has paid all the dues by way of monthly instalment ended on 15.6.06. During the payment opposite party collected a sum of Rs.10,928/- in excess towards the loan account and subsequently which was admitted and has been recredited by the bank on 1.11.04. Hence the complainant sent the letters to the higher offices of the opposite party for refund of Rs.10,928/- with interest by letter dated 19.4.05 and on 28.4.05 reply was sent for having discussions and on 5.5.05 after the discussion the opposite party promised to recredit amount, but failed to do the same. Hence another letter was sent on 6.5.05 as they have not responded on 18.3.06 the banking ombudsmen was approached and it informed that there is a difference amount of Rs.3,336/- payable by the complainant with interest. He has paid the same and thereby cleared entire dues by paying Rs.2,12,364/-. When the actual due was disputed and a sum of Rs.2,552/- and another sum of Rs.1,141/- were all paid by the complainant. Hence the bank has to return the documents relating to the loan and as the same was not complied, the complainant issued a legal notice on 14.3.07 and filed this complaint claiming the above reliefs.;