- Gautam Kr. Paul,
C/o Dipankar Bar, Green Village,
Vill & PO. Uchachapota, P.S. Sonarpore,
Kolkata-700150 and
C/o Kartik Chandra Nayek,
335, Tentulberia Road, Garia, Kolkata-84. _________ Complainant
____Versus____
- Family Credit Ltd.
Block-A, 2nd Floor, 15, Park Street,
Kolkata-16, P.S. Park Street.
- Family Credit Ltd.
Technopolis, 7th Floor, Wings-A, Sec-V,
Saltlake City, Kolkata-91, P.S. Bidhannagar. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 15 Dated 27/05/2015.
The case of the complainant in short is that complainant applied for a loan before o.ps. and as per agreement it was settled that @ Rs.1565/- would be deducted as EMI from the complainant’s SBI bank account being no.30170925461 (New Garia Sri Nagar Branch) by way of ECS. Complainant has approached the o.ps. on 22.1.10 that he wanted to clear all the dues prematurely as full and final settlement. Complainant paid in cash Rs.22,000/- vide money receipt no.24/27359 dt.30.1.10. Surprisingly after the settlement o.ps. had deducted @ Rs.1565/- as EMI for the next three consecutive months. Then complainant informed the o.ps. and demanded the deducted amount of Rs.4695/- (Rs.1565 x 3) with interest. But o.ps. did not pay any heed. Hence the application with prayer for refund of Rs.4695/- along with compensation and cost.
O.ps. appeared before the Forum and filed w/v. In their w/v o.ps. denied all material allegations interalia stated that complainant took a personal loan for the amount of Rs.27,091/- which was disbursed on 31.12.08. Complainant had not placed any document from which he could show that he had requested the o.ps. to waive of some amount of interest / charges. O.ps. had also alleged that if they rely on the settlement document which was annexed by complainant as annex-D with the complaint petition in that case also complainant had to pay another Rs.343/- which he did not pay and for that reason regular EMIs were deducted from his bank account. So, there is no deficiency in service on their part and as such, the case is liable to be dismissed with exemplary cost.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant took a personal loan from o.ps. amounting to Rs.27,091/- which was disbursed on 31.12.08. It was settled that 36 EMIs @ Rs.1565/- would be deducted which started from 5.2.09 and ended on 5.1.12. On 22.1.10 complainant paid Rs.22,000/-. From the document issued by o.ps. which was filed by complainant as annex-D with the complaint petition, we have observed that total amount payable was Rs.24,823/- and different heads were mentioned such as principal O.S., LPP charges, interest for the month, pending installment, etc. Complainant has paid Rs.22,000/- on 30.1.10. Though o.ps. has issued repayment option to the complainant demanding Rs.24,823.70 why they had taken Rs.22,000/- they did not show any reply to that effect. They have not also demanded Rs.2823.70 (claim of Rs.24,823.70 – paid amount of Rs.22,000) towards full and final settlement. Moreover, no explanation had been given by o.ps. towards the deduction of three EMIs @ Rs.1565/-. All on a sudden they have ceased to deduct @ Rs.1565/- after three months without showing any reason. They had not issued any NOC towards the settlement. So, there is clear deficiency in service on the part of o.ps. since @ Rs.1565/- as EMI amount had been deducted for three concoctive months after receiving Rs.22,000/- from the complainant on 30.1.10. At that point of time their claim would be Rs.2823.70 only. So, complainant has substantiated his case and he is entitled to get relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are directed to refund a sum of Rs.1861/- (Rs.4695 – Rs.2823.70) (Rupees one thousand eight hundred sixty one) only and issue NOC to the complainant and are further directed to pay to the complainant compensation of Rs.1500/- (Rupees one thousand five hundred) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 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.
Supply certified copy of this order to the parties free of cost. span style='mso-tab-count:1'> Supply certified copy of this order to the parties free of cost.
