Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this complaint has alleged that complainant applied for a personal loan to the OP Bank on the basis of the Agreement A/c. No. LPCAL00004316334 and accordingly as per his application for loan, loan was sanctioned for Rs.3,73,000/- and, in fact, complainant got Rs.3,64,779/- dated 17-11-2004 out of Rs.3,73,000/- vide cheque No.712066.  Thereafter, complainant regularly paid the EMIs for liquidating the loan liability.

            But due to certain heart problem complainant requested the Bank to settle the loan amount through their agent for 4 EMIs of Rs.17,845/- accordingly, the agent of the Bank collected the sum Rs.17,885/- by cash against receipt No.L12077099337 dated 25-02-2001 and by cheque dated 25-04-2008, 25-05-2008 having cheque No.298150, 298151 and 298152 respectively towards full and final settlement of the said Personal Loan Account.

            The complainant has suppressed that even after clearance of the entire loan amount the OP did not issue ‘no due’ certificate till date.  But fact remains OP Bank at the time of taking loan also took nine cheques without any date but same were signed by the complainant and one cheque was of Rs.3,69,171/- for security purpose but even after fulfillment of the said loan amount OP did not return the said blank cheques signed by the OP bearing No.660847 to 660849, 660854 to 660859 by not issuing the said NOC OP Bank referred the name of the complainant to CIBIL (Credit Information Bureau of India).  Thereafter, the complainant made request to the OP to issue NOC and cancelling his name from the CIBIL but OP did not respond and for which for negligence and deficient manner of service and for adopting unfair trade practice the compensation has been prayed for by the complainant against the OP.

            On the other hand OP by filing written version submitted that practically no settlement was made in between the complainant and the OP and the story of payment as alleged is false and complainant had not made any payment to the Bank after 13-08-2008 money receipt is false no cheque as stated in the complaint was received by the Bank and it is surprising to note that certificate issued by the UBI does not indicate that said cheques issued in favour of the ICICI Bank.  But ICICI Bank OP further stated that total amount financed by the OP was Rs.4,10,000/- to be repaid by 36 EMIs and as on 28-08-2010 total outstanding is Rs.2,16,638/- in the loan account of the complainant but in respect of repeated reminders dated 03-11-2008, 03-12-2008, 03-02-2009, 03-03-2009 and 03-05-2009 complainant neglected to pay any payment of nine EMIs and further denied all allegations as prayed that the entire complaint is false for which same shall be dismissed.

Decision with Reasons

No doubt we have gone through the complaint and the written version of this case and also heard the argument of the Ld. Lawyers and after proper assessment of the same we have gathered that complainant has tried to say that loan matter was settled in between the complainant and the OP and in support of that he has produced one document Annexure 4 wherefrom it is found that complainant has relied upon that document but most peculiar factor is that said letter bears no seal and stamp of the Bank and at the same time it is not signed by any authorized signatory of ICICI Bank and further there is no Bank Memo No. in the said letter and at the same time complainant has failed to show that he issued any cheque and that was encashed by the OP.  On the contrary, OP filed all documents including bank statement and wherefrom it is found that balance dues on 07-08-2008 is Rs.2,16,638/- further from the another document of the bank as produced it is found that so called cheque was not encashed by the OP.  Then question is it is the duty of the complainant to prove that this letter having no dates no seal of the Bank or signature of authorized signatory of the Bank and without memo number actually said document was not issued by the OP but from the complainant’s no version of the complaint it is found that he has tried to say that he has got this paper from one agent to whom he issued cheque and so called settlement amount.  Then it is clear that complainant procured this paper with connivance with agent of the Bank whose name he has not disclosed and apparently it is proved that this document upon which the complainant has relied as settlement paper is fake and fabricated document and with the help of fake and fabricated document complainant has appeared before this Forum with black hand to get relief and it is proved beyond any manner of doubt that complainant claiming as distinguished consumer who has procured such fake document with the help of such fake agent of the ICICI Bank and tried to get relief but his tactics adopted in this case is well arrested by the documents of the OPs and it is proved that this document is fake and fabricated document and question of settlement as alleged by the complainant is also false and fabricated and in reality no settlement process was started in between the complainant and OP Bank.  On the contrary it is proved that the complainant is a habitual defaulter in payment of outstanding dues and present status of the outstanding dues is more than 3 lakhs what the complainant is liable to pay.  In the result, the complaint fails treating it as a false complaint and for adopting unfair trade practice by the complainant the present complaint is treated as vexatious complaint and for which same is going to be dismissed.

Hence,

Ordered

That the complaint be and the same is frivolous and fake and is dismissed against OP with a cost of Rs.10,000/-(Rupees Ten thousand only) what shall be paid by the complainant to the OP ICICI Bank within one month from the date of this order otherwise OP Bank shall have to add this amount against loan account of the complainant as cost of this case and realize it.