In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.55/2011.
1) M/s Saha & Sarkar Saw Mill Pvt. Ltd.
112/1/1, Jessore Road, Kolkata-89.
2) M/s Mascot Wood Crafts Pvt. Ltd.
65/1, Maharshi Debendra Road, Kolkata-6.
3) Mr. Narayan Saha
4) Mrs. Kamala Saha,
Both residing at Block-B, 243, Lake Town, Kolkata-89. ------------ Complainants
---Versus---
1) Cholamandalam Investment and Finance Co. Ltd.,
Reg. Office ar Dara House, 1st Floor, 2, N.S.C. Bose Road, Chennai-600001.
Branch Office at 32, Chowringee Road, Home Tower, 14th Floor, Kolkata-700016.
2) Vinay Bhutra, Regional Collection Manager,
East Cholamandalam DBS Finance Ltd.,
32, Chowringee Road, Home Tower, 14th Floor, Kolkata-700016.
3) Indranil Pal, Asst. Manager,
East Cholamandalam DBS Finance Ltd.,
32, Chowringee Road, Home Tower, 14th Floor, Kolkata-700016 ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 26 Dated 26-09-2013.
The case of the complainant in short is that complainant nos.1 and 2 are a company incorporated under the Company’s Act 1956 while complainant nos.3 and 4 are individuals who are also the Directors of complainant nos.1 and 2 company.
During the year 2007 and 2008 complainant nos.1 and 2 represented through its Directors and complainant nos.3 and 4 in their personal capacity applied for the personal loans from o.p. no.1 which was known as Cholamandalam DBS Finance Ltd. having its regd. office at ‘Dara house’, 1st Floor, 2, NSC Bose Road, Chennai-600001, India and also having its branch office 2A, Ramani Chatterjee Street, Gariahat, Kolkata-29, India.
O.p. no.1 after the loan documents of complainants and after due verification of all documents issued a loan to each of the above named complainants which are as follows.
a) In the A/c of Saha and Sarkar Saw Mill Pvt. Ltd. The loan was sanctioned vide letter dt.3.5.08 and the loan amount was Rs.6,48,000/- but after loan deduction of Rs.14,562/- the amount received was Rs.6,18,438/-, being loan A/c no.XSEGKOL00000306745 with a repayment period of 36 months and the EMI start date was 5.6.08.
b) In the A/c of Mascot Wood Crafts Pvt. Ltd. The loan was sanctioned vide letter dt.4.7.07 and the loan amount was Rs.5 lakhs but after loan deduction of Rs.11,236/- the amount received was Rs.4,88,764/-, being loan A/c no.XSEGKOL00000116884 with a repayment period of 36 months and the EMI start date was 5.8.07.
c) In the A/c of M/s. Narayan Saha. The loan was sanctioned vide letter dt.5.2.07 and the loan amount was Rs.5 lakhs but after loan deduction of Rs.11,224/- the amount received was Rs.4,88,776/-, being loan A/c no.XSEGKOL00000051201 with a repayment period of 36 months and the EMI start date was 3.5.07.
d) In the A/c of Mrs. Kamala Saha. The loan was sanctioned vide letter dt.2.2.07 and the loan amount was Rs.5 lakhs but after loan deduction of Rs.11,224/- the amount received was Rs.4,88,776/-, being loan A/c no.XSEGKOL00000049688 with a repayment period of 36 months and the EMI start date was 5.3.07.
Complainant nos.1 and 2 are engaged in the trade of timber import and due to the market fluctuation in the starting of 2009 the business of the complainants suffer the huge loss causing some irregularity in disbursement of the equal monthly installment in favour of the o.p. no.1 company. Thereafter, one Mr. Ranbir Roy for deputy manager of o.p. no.1 Company visited the office of the complainants on 24.2.09 and forwarded a proposal for settlement.
Subsequently a letter was issued dt.28.4.09 by the authorized representative of o.p. no.1 stating that the above mentioned four loan accounts XSEGKOL00000051201, XSEGKOL00000049688, XSEGKOL00000116884, XSEGKOL00000306745 are settled at Rs.5,40,000/-.
O.p. no.1 intentionally suppressed the settlement of the said loan accounts in spite of receiving the full and final payment of the final settlement amount of Rs.5,40,000/- are trying to harass the complainants and illegally trying to forward a false claim of outstanding payment in the account of complainant no.4. And the personnel of o.p. no.1 are regularly distributing the complainants in person as well as over telephone and threatening for repayment of the alleged loans have already been repaid by the complainants. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest against o.p.1 and exparte against o.ps. 2 & 3. O.ps. are jointly and/or severally directed to hand over the original settlement letter to the complainants and are further directed to make aware that the letter dt.8.11.10 is void and bad in law and are further directed to pay the complainants litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
