In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 348 / 2008.

1)                   Probhat Kumar Barman,

3B, Mahndra Bose Lane, P.O. Baghbazara,

P.S. Shyampukur, Kolkata-3.                                                                          ---------- Complainant

---Versus---

1)                   CITI Financial Consumer Finance India Ltd.

13, Camac Street, RajkamalBuilding,

Gr. Floor, Kolkata-17.    P.S. Shakespeare Sarani.                                      ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   54    Dated  29/01/2013.

            The case of the complainant in short is that complainant took consumer loan of Rs.25,000/- from CITI Financial Consumer Finance India Ltd. o.p. in July 2006 vide loan agreement no.11599239 and loan account no.8859527. O.p. gave the complainant Rs.23,518/- on 11.7.06.

            Thereafter, complainant started to give their EMI from August, 2006 by Rs.1323/-. In Feb. 2007 complainant requested them by a regd. with a/d letter to meet it up amicably, but they refused it. Complainant went their various offices from time to time but they harassed him and did not willing to settle it.

            Till August, 2008 complainant paid o.p. over Rs.24,000/- but they showed that a due of Rs.22,028/- from the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. 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 the complainant took consumer loan of Rs.25,000/- from o.p. in July 2006 vide loan agreement no.11599239 and loan account no.8859527 and it is also seen from the evidence of complainant that complainant paid the entire dues due to the credit of o.p. as against the said account of consumer loan and despite the same o.p. did not issue ‘no due certificate’ in favour of the complainant and this act on the part of o.p. amounts to deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to issue ‘no due certificate’ in favour of the complainant as against the loan agreement no.11599239 and loan account no.8859527 and is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.