JUDGMENT 2.11.2010 Justice Pritam Pal, President 1. This appeal by complainant is directed against the order dated 15.2.2010 passed by District Consumer Forum-I, U.T.Chandigarh whereby her complaint bearing No.29 of 2010 was dismissed in limine. 2. Briefly stated the facts of the case are that the complainant was offered one time settlement by OP Bank against her outstanding loan vide letter dated 25.8.2009 . As per settlement, the complainant was to repay the total sum of Rs.one lac in three installments i.e. Ist installment of Rs.35,000/- by 31.8.2009, Second installment of Rs.35,000/- by 30.9.2009 and third installment of Rs.30,000/- by 31.10.2009. The complainant paid the said installments in time but ‘No due Certificate’ was not issued to her. Hence, alleging deficiency in service on the part of OPs, complainant filed complaint before the District Forum . 3. The District Forum after going through the complaint and documents placed on file came to the conclusion that as the complainant had not placed on record her bank statement to establish that she had made the payments within stipulated time, so no deficiency in service on the part of OPs was proved and she was not entitled to any relief. Accordingly the complaint was not considered fit to be admitted for adjudication on merits, hence, it was dismissed in limine. This is how feeling aggrieved against the said order, complainant has come up in this appeal. 4. When the case was taken up for hearing arguments, none was present on behalf of respondent bank. However, we have heard the authorized representative of the appellant and gone through the file carefully. There was delay of 42 days in filing the appeal which is condoned in view of the grounds taken in the application seeking condonation of delay. The main point of arguments raised on behalf of the appellant/complainant was that the installments were deposited within the stipulated period. The first installment of Rs.35,000/- was payable by 31.8.2009, out of which Rs.10,000/- were paid vide receipt No.9543248 dated 26.8.2009 and remaining Rs.25000/- were paid vide receipt No.1157604 dated 31.8.2009 . The second installment of Rs.35,000/- was paid vide receipt No.0728790 dated 30.9.2009. It was stated that for collecting the amount of above two installments a representative of respondent bank visited the residence of complainant. However, for collecting the payment of 3rd installment of Rs.30,000/- none came to the residence of complainant whereas the demand draft was ready with the complainant. The complainant visited the ICICI Bank,Sector-9, Chandigarh vide visitor slip No.5860234 dated 31.10.2009 but none of the officials accepted the payment. Again on 9.11.2009, complainant visited the bank vide visitor slip No.5860807 dated 9.11.2009 but still the payment was not accepted. Thereafter, complainant sent the demand draft dated 31.10.2009 being the amount of third installment by registered post on 10.11.2009. Photocopies of all these documents have been placed on file. 5. A perusal of the documents attached with the appeal file reveals that the installments were paid by the complainant within stipulated period as settled between the parties. However, it appears that these documents were not attached with the complaint file. Thus, according to the settlement arrived between the parties vide letter dated 25.8.2009 the amount of Rs.one lac stood paid to respondent bank. Accordingly we direct respondents to issue “No Due Certificate” with regard to settled amount of Rs.one lac to the complainant within one month from the date copy of order is received. 6. In the result, the impugned order is set aside and appeal is accepted in the aforesaid terms, leaving the parties to bear their own costs. Certified Copies of this order be sent to the parties, free of charge. The file be consigned to record room.
| | HON'BLE MRS. NEENA SANDHU, MEMBER | HON'BLE MR. JUSTICE PRITAM PAL, PRESIDENT | , | |
