West Bengal

South 24 Parganas

CC/1/2017

Sri Sovan Ray Chaudhury, S/O Late Parimal Ray Chaudhury. - Complainant(s)

Versus

1.Global Welfare Association . - Opp.Party(s)

06 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _01_ OF ___2017

 

DATE OF FILING : 4.1.2017                       DATE OF PASSING JUDGEMENT:  21.09.2017

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker  & Jhunu Prasad

                                                                             

COMPLAINANT             :   Sri Sovan Ray Chaudhury, son of late Parimal Ray Chaudhury of 111/F, Sarat Ghosh Garden Road, P.S. Kasba, Kolkata – 31.

 

-VERSUS  -

 

O.P/O.Ps                            :  1. Global Welfare Association, Baguakhali, Light House More, Sagar, P.S Kakdwip, Pin- 743 371, Dist. South 24-Parganas

                                              2.    Sri Tushar Mondal, Secretary of Global Welfare Association, Baguakhali, Light House More, Sagar, P.S Kakdwip, Pin- 743 371, Dist. South 24-Parganas

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Udayan Mukhopadhyay, President

The short case of the complainant is that he is a senior citizen gathered information for a media advertisement that O. P-1 is an organization or various credit facilities to the public in general according to their requirement. Thereafter complainant had a talk with the O.P -1 over phone and according to the instruction of the O.P-1 being the Secretary of the O.p-1 complainant sent photocopy of necessary documents as directed by the O.P-2 through e-mail. After that O.P-1 granted personal loan of Rs.10,00,000/- in favour of the complainant and issued a sanction letter dated 18.6.2016 being approval no.326117 and being file no.RS/AFT/AS/02/670 . After sanction o the said credit facility the O.p-2 advised the complainant to deposit a sum of Rs.42,500/- as miscellaneous charges for disbursement of the said loan amount. On good faith complainant deposited the said amount through his Banker, Bank of India, in the account of O.P-2 and O.P-2 duly received the said amount. Thereafter complainant contacted several time to the O.Ps and requested the O.P to take necessary action for disbursement of the loan amount but no result. Hence, this case praying for direction upon the O.ps to disburse Rs.10,00,000/- , compensation of Rs.5,00,000/- and litigation cost Rs.10,000/-.

Inspite of sending summon the O.Ps did not appear, for which case was fixed for exparte hearing.

Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.Ps or not.

                                                            Decision with reasons

Admittedly Global Welfare Association sanctioned Rs.10 lacs as personal loan , EMI was fixed at Rs.13,750/- month by month  and installment number was 96, interest rate @4% p.a per year and there was some additional terms and conditions.

It further appears that complainant has already paid as directed by the O.Ps  for the purpose of disbursement of the loan i.e Rs.42,500/- towards miscellaneous charges and on good faith complainant deposited the said amount in the account of O.P-2 through his banker, Bank of India.

It is curious enough that inspite of depositing the said amount, no loan was sanctioned. It is nothing but an unfair trade practice by depriving the complainant with a false and fabricated sanctioned letter sent by the O.Ps to squeeze money of Rs.42,500/-. It is also a glaring example of deficiency of service and unfair trade practice.

Hence,

                                                Ordered

That the application under section 12 of the C.P Act, 1986 is allowed in epxarte .

The O.Ps are jointly and/or severally directed to disburse Rs.10 lacs , particularly when complainant has already paid Rs.42,500/- towards the miscellaneous charges along with compensation of Rs.50,000/-, litigation cost of Rs.5000/- to the complainant within 45 days from the date of this ordr ,failing which complainant is at liberty to execute the order through this bench .  

 

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

 

Member                                                           Member                                               President

 

 

 

Dictated and corrected by me