In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   33 / 2010.

1)                   Sri Wajahat Hussain ,

27/1/1, Shamshul Huda Road, Kolkata-17.                                              ---------- Complainant

---Versus---

1)                   ICICI Bank Ltd.,

127A, Sarat Bose Road, Kolkata-700029.                                                ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   22    Dated  31/01/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Sri Wajahat Hussain against the o.p. ICICI Bank Ltd. The case of the complaint in short is that complainant took a loan of Rs.51,000/- from the o.p. under loan agreement no.LTCAL 00008358846 and the loan was disbursed on 3.11.06. He purchased two wheeler being regn. no.WB 012 1908 which was hypothecated to the o.p. The EMI was fixed at Rs.4703/-. In course of time complainant paid all his EMIs aggregating to Rs.55,956/- including the interest. On 9.1.09 o.p. issued a statement of account showing that its net recovery amount is nil and the account status is ‘closed regular’. After recovery of the loan complainant went to o.p’s office for obtaining ‘no objection certificate’ and to obtain proper form under Motor Vehicle Act to deleat the bank’s name from RC Book in the record of the Motor Vehicle Deptt. but the o.p. declined to give such certificate and form in spite of repeated reminders and advocate’s notice. Hence the case.

            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.

            Decision with reasons:

            We have gone through the pleadings and evidence and documents in particular filed by the parties in support of their respective contentions. It is an admitted position that o.p. sanctioned loan to the complainant and complainant made full repayment. But despite several reminders and advocate’s letter o.p. declined to issue ‘no objection certificate’ and make necessary corrections in the Motor Vehicle Deptt. record in favor of the complainant and this act on the part of o.p. being a service provider amounts to profuse deficiency to its consumer / complainant. O.p. failed to produce any document showing that it has dues from the complainant. That being the position we hold that the complainant has proved his case.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to ‘no due certificate’ and hand over the relevant paper in respect of the two wheeler no.WB-012 1908 and to hand over the said two wheeler to the complainant and o.p. is further directed to discharge the liabilities from hypothecation of the two wheeler in question. O.p. is further directed to pay compensation of Rs.8000/- (Rupees eight thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only to the complainant. O.p. is directed to comply with the aforesaid order within 45 days from the date of communication of this order i.d. an interest @ 9% 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.

   _____Sd-_____                     ____Sd-______                  ____Sd-______

     MEMBER                            MEMBER                        PRESIDENT