Order No. -46 Dt.-23/12/2015
F I N A L O R D E R
Shri Asoke Kumar Das, President
Complainant’s case in short is that he purchased a motorbike being no. WB-74/L-7163 after taking financial assistance from Induslnd Bank (O.P.) and that bike was hypothecated with O.P. Bank. He paid entire loan amout to the bank in 36 installments as per terms and conditions as agreed upon and he has paid the last EMI to O.P. on 07/05/2010, but the bank had not provided him the N.O.C. as assured by the bank(O.P.). For this complainant couldn’t take loan for economic development of his business. Hence this case.
The O.P. Induslnd Bank has contested this case by filing a Written Version wherein the O.P. has denied and disputed the claims and contention and allegations of the complainant and prayed for dismissal of the case with cost.
The specific stand of the O.P. is that the 14 cheques issued by the complainant on various dates for payment of EMI were dishonoured for want of fund and he was not serious in the matter of payment of loan/EMI in time as per terms of agreement and that the statement of account as on 30/10/2013 reflect that Rs.12,760/- is due towards full and final settlement of his loan account. Bank has no deficiency in service as alleged.
POINTS FOR CONSIDERATION
- Is the case maintainable both law and fact?
- Is the complainant a consumer?
- Is the O.P. Induslnd Bank guilty for deficiency in service as alleged?
- Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
Seen and perused the pleading of both the parties which are supported by Affidavits, the documents annexed and the Written Argument filed by both the parties.
After due consideration of the materials on record, pleadings, written arguments and documents filed by both the parties and arguments advanced by the Ld. Lawyers of both the parties we find that as per terms of agreement signed in between the parties to this case (dt. 11/06/2007) the complainant was under legal obligation to repay this entire loan amount he took from the O.P. to purchase his motorbike, by 36 monthly installments and the date of payment of last installment was on 07/05/2010. Admittedly the complainant has paid last installment to the O.P. on 07/05/2010. But he was not serious and regular to pay the installments/EMI on due dates i.e. on every 14th day of the next month as per terms of agreement and that 14 cheques issued by him were dishonoured for want of fund and as a result Rs.12,760/- was added in his loan account as evident from the statement of account of 30/10/2013. The complainant has not paid/ that amount of Rs.12,760/- to O.P. Bank despite their repeated demands as submitted by Ld. Lawyer for O.P. Bank. In such circumstances how can the complainant expect that O.P. bank will issue NOC in his favour? That apart as the complainant has paid last installment/EMI of his loan to O.P. bank on 07/05/2010, he should have filed this case on or before 07/05/2012 i.e. within two years from the date on which cause of action of filing this case has been arisen as per provision of Sec.24 A of C.P.Act 1986. But the complainant has filed this case on 07/06/2013 i.e. after lapse of one year approximately. There is no explaination in the petition of complainant regarding the cause of such inordinate delay in filing this case.
In this view of this matter we find suffuicient reason to hold that this case is hopelessly barred by limitation as provision of Sec.24 A of C.P.Act 1986 and as such this case is not maintainable and it deserves dismissal.
All points are disposed of.
In the result the case/application fails .
Hence, it is
O R D E R E D
that the case/ application dismissed on contest being not maintainable but without cost
Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgement/sent by general post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.
