In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no. 283 / 2005

Sri Rajat Das,

4/36, Haltu School Road, Kolkata-78                            …….     Complainant

vs.

Citi Bank N.A.,

Global Consumer Bank,

41, Chowringhee Road, Kolkata-71                               .……  Opposite party

Present :  Sri A.K. Das,  President

                 Sri L.K. Banerjee,  Member

Order no.  9   dt. 16.04.2007

          Complainant Rajat Das has moved this forum claiming compensation against the o.p. Citi Bank alleging deficiency in service.

          It is stated by the complainant that he availed loan facility from the o.p. vide loan A/C No.AUB-026-8072004 dt.6.9.01 in respect of vehicle being registration no. WB 02K 3767. Petitioner issued post dated cheques towards liquidation of the above loan. That on 18.6.04 petitioner closed his loan A/C by paying Rs.31823/- which is appearing from the annexure ‘1 and 4’. Accordingly, o.p. has terminated hypothecation agreement vide letter dt.19.5.05 and also closed the account vide letter dt.19.5.05. Subsequently, petitioner received a summon from the Court of Metropolitan  Magistrate, Room no.21, Patiala House, New Delhi regarding dishonour of cheque. It is submitted by the complainat that in spite of the termination of the hypothecation agreement and closing of loan A/C o.p. with some motive and issued summon causing harassment. Accordingly, he approached this forum for above relief.

          O.p. contested the consumer complaint by filing w/v whereby they contended that petitioner was a habitual defaulter in payment of repayment schedule.

          Ld. Counsel for the complainant is found present in course of hearing but nobody is appearing on behalf of o.p. Complainant corroborated his statement by filing affidavit. No evidence is adduced on behalf of o.p.

          It is evident from the record that complainant’s loan A/C was duly closed on 19.5.05 and hypothecation agreement was terminated which is appearing from o.p’s letter. The statement made in the w/v by the o.p. is totally vague. Without any cogent ground o.p. has initiated the proceeding u/s 138 of the Negotiable Instrument Act which is amounted to harassment of the complainant. It also reveals  deficiency in service on the part of the o.p. Accordingly, present consumer complaint succeeds and the complainant is entitled to compensation for such deficiency in service on the part of the o.p. and it is awarded in the following terms.

          The o.p. is directed to pay to the complainant compensation Rs.10,000/- (Rupees ten thousand) only and litigation cost Rs.1,000/- (Rupees one thousand) only within two months from date, failing which it will carry interest @ 8% p.a. till realization.

          Let copy of this order be supplied to the parties free of cost.

________________                                                                                              _________________

      Member                                                                                President