MR. BIBEKANANDA  DAS, MEMBER:-                    

                Complainant has filed the C.C.Case U/S-35 of C.P.Act, 2019 seeking rectification of mistake in the agreement and fixing EMI in two slabs i.e, for 1^st two years Rs. 4,504/- and for next two years Rs. 6,963/- for next five years during the period from dt. 05.08.2020 to 05.07.2027. The Ops have filed the copy of agreement and Complainant has signed in each page of the agreement in which the Flexi Hybrid loan has been duly signed with clear mention of the above amount  and date to which the Complainant has not disputed. The period of two years from 05.08.2020 to 05.07.2022 has already expired prior to filing of C.C.Case. Thus there is no scope on our part to receive higher amount. The only grievance of Complainant is that in case higher amount would have realized in the beginning then less interest would have accrued. But the Complainant fairly submitted that he has not made any written request to receive more amount.

            When the Complainant has signed the agreement to pay the EMI as stated in the agreement, both parties are bound by that agreement and the period of payment for less amount has already exhausted prior to filing of this C.C.Case and as such there is no deficiency in service on part of the Ops. However, if the Complainant is capable and interested to repay more amount, then he may make an application for restructure of loan account and in case the Complainant make an application within a period of 30 days to the Ops then the Ops, shall consider the grievance of the Complainant  and  shall restructure the loan/EMIs as per the suitability of the Complainant.

            With the aforesaid observations the C.C.Case No. 60/2022 is accordingly disposed off.

               Issue extract of the order to the parties for compliance.   

          Pronounced in the Open Commission on this the 25^th July, 2023.

                            I, agree.

                              Sd/-                                                 Sd/-

                         PRESIDENT                                     MEMBER