In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 15 / 2008.
1) Sri Ashoke Singh,
Office-8/2, Kiran Sankar Roy Road, Kolkata-700001.
Residence-27B, Rowland Row, Kolklata-700020. ---------- Complainant
---Versus---
1) ICICI Bank Limited,
ICICI Bank House, 3A, Gurusaday Road, Kolkata-19.
2) Branch Manager, ICICI Bank Ltd.,
ICICI Bank House, 3A, Gurusaday Road, Kolkata-19.
3) ICICI Bank Ltd.,
Land Mark Building, 11th Floor,
228A, A.J.C. Bose Road, Kolkata-700020. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 3 4 Dated 0 9 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Sri Ashoke Singh against the o.ps. ICICI Bank. Complainant availed of over draft facility for Rs.21 lakhs from o.p. bank in credit arrangement letter dt.16.5.09 and at that time complainant was directed to execute a facility agreement along with two blank cheques towards the security of the loan. Processing fee was charged @ 2% of he facility plus applicable interest or other statutory levis and the same was deducted from the over draft facility sanctioned by o.p. bank. Thereafter transaction was being made till 31.10.07 and complainant paid Rs.5,30,000/- till 31.10.07. From the document on record it is seen that the facility afforded to the complainant was valid for 12 months from the date of sanction i.e. 11.5.06. Thereafter o.p. bank started pressuring to complainant for further payment but there is no whisper the amount payable by the complainant to o.p. bank despite correspondence made by the asking for statement of account but in vein. That apart complainant paid further sum of Rs.96,000/- to o.p. bank and agent of o.p. started harassing him in various manner. Hence the instant case.
O.ps. had entered their appearance and denied all the material allegations labeled against them by the complainant and prayed for dismissal of the case.
Decision with reasons:
It appears from the record that o.p. has alleged as on 7.6.10 a sum of Rs.32,26,611.11 is payable by the complainant to o.ps. Complainant availed of the facility for running a business for his livelihood and as a result of the lapse on the part of the o.ps., complainant had to incur huge loss in his business. It is apparent from the record that complainant had bona fide intention to repay the loan amount due to the credit of the o.p. bank and repeatedly asked for the statement of account to ascertain the real position. But the o.p. did not supply the statement of account to complainant to settle the matter despite various correspondence made by the complainant. So it is clear from the record that o.ps. had sufficient deficiencies in discharging service to the consumer / complainant in the matter of transaction and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.ps. with cost. O.ps. are jointly and severally directed to supply the statement of account to the complainant showing the principal and interest amount separately and the mode of adjustment of the amount paid by the complainant. O.ps. are further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only towards harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only to the complainant within 45 days from the date of communication of this order, i.d. interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till the date of realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
