(1.) MISC . Application for condonation of delay Mr. Justice S.N. Aggarwal, PresidentThis appeal was filed with delay of 7 days. An application for condonation of delay was filed along with the appeal. Reasons have been given in this application which caused the delay in filing the appeal. This application is supported by an affidavit. For the reasons stated in the application, we are satisfied that delay is not intentional and is liable to be condoned. Accordingly the application for condonation of delay is allowed with all just exceptions and delay of 7 days in filing the appeal is condoned. Main Case Som Chand Katia, respondent herein had purchased a car bearing Registration No. PB -03K/8080 after availing loan from the appellants. An entry was made in the Registration Certificate with regard to the hire -purchase agreement entered by the respondent with the appellants. After the payment of entire loan by the respondent, No Objection Certificate (in short the NOC ) was required to be issued by the appellants before the vehicle could be sold by him. In the month of April, 2007, the respondent wanted to sell the vehicle. Therefore, he deposited the outstanding amount of Rs. 1,86,546.64 in the loan account of the appellants on 9.4.2007 and requested the appellants to issue the NOC for getting the hire -purchase agreement entry deleted from the Registration Certificate. The appellants kept the matter pending. The respondent visited the office of the appellants for a number of times but in vain.
(2.) IT was further pleaded that the respondent sold the car to one Avtar Singh on 13.4.2007. The purchaser demanded the NOC but it was not available with the respondent. The matter was settled by Pawan Kumar, Broker by which the respondent was bound to hand over the NOC to the purchaser upto 23.4.2007 failing which he was liable to make the payment of Rs. 500 per day to the purchaser. The respondent started making requests to the appellants to issue NOC but it was not issued by them inspite of repeated visits and requests, rather the appellants debited an amount of Rs. 12,050 in the Saving Bank Account No. 3351 of the respondent on 16.4.2007.
(3.) IT was further pleaded that on 14.5.2007, the respondent wrote a letter to the appellants for the refund of 12,050 with interest @ 12.5% and for reimbursement of the amount of Rs. 500 per day. The appellants issued the NOC dated 18.5.2007 which was handed over to the respondent on 20.5.2007. As a result, the respondent suffered the penalty for 27 days suffering the loss to the tune of Rs. 13,500. This amount was also demanded by the respondent from the appellants with interest @ 12.5%. The appellants failed to oblige the respondent on which he filed a complaint in the learned District Consumer Disputes Redressal Forum, Bathinda (in short the District Forum ).