In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 297/2011

1)                   Dipak Pakhira,

2/2, Badan Roy Lane, Kadamtala, Howrah-711101.                                          ---------- Complainant

---Versus---

1)                   India Bulls Financial Services Ltd.

India Bulls House, 448-451, Udyog Bihar,

Phase V, Gurgaon 122001, (Haryana).

             And

P-251 Block B, LakeTown, Kolkata-89

Manasabari Opposite, near Lake Town AC Market.

             And

 22, Chowringhee Road, P.S. Park Street, Kolkatra-71.                                        ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   17    Dated  22/01/2013.

Smt. S. Basu, Member.

            In a nutshell, the case of the complainant is that complainant obtained one personal loan from o.p. being loan account no.S000202967 to the tune of Rs.2,50,000/-. Complainant paid EMI of Rs.10073/- per month  and o.p. proposed one time settlement of the said loan account to the tune of Rs.2,50,000/- as full and final payment and on payment dt.3^rd Feb. of every month this personal loan account will be settled on paying a tune of Rs.10073/- and the said o.p. collected the said amount through their agent. And in the said slip it is clearly stated that it is full and final settlement and only for foreclosure it is collected by Palash Sinha Roy was authorized collection agent of o.p. and for which on 25.2.11 o.p. issued offer letter informing the current outstanding as on 25.2.11 is Rs.112100/- on receipt and realization INR 112100/-. The aforementioned personal loan shall stand settled in full and final and nothing shall be due and payable.

            From the month of July, 2011 o.p. is making several phone calls to the complainant from o.p. collection cell at 22, Chowringhee Road, P.S. Park Street, Kolkata-71 to pay further amount and o.p. denied the said settlement of complainant when on 7.7.11 complainant paid Rs.112100/- as full and final settlement of the said loan account no.S000202967.

            As per the complainant the entire act of the o.p. is illegal and against the law related to Consumer protection Act, 1986 as for this holding of the fund from the savings account. Moreover, the bank has not issued any notice for their such Act. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. even after valid service of summon did not contest the case by filing w/v and matter was heard ex parte against them.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant took personal loan from o.p. of Rs.2,50,000/- vide loan account no.S000202967 and complainant paid the entire sum as per settlement dt.25.2.11 as we find letter of o.p. dt.25.2.11 being page no.6 as annexure with the petition of complaint and despite the same o.ps. held the savings account of the complainant nor returned the signed blank cheques lying with o.ps. and also did not issue “NOC” for making full and final payment.

            In view of the above findings and on perusal of the entire materials on record and keeping an eye to the factum that the o.p. did not appear to contest the case and the evidence adduced by complainant as remained unchallenged testimony and we do not have any reason to disbelieve the same and this act on the part of o.p. amounts to deficiency in service being service provider to its consumer / complainant and complainant is not entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.p. O.p. is directed to put credence to the settlement dt.25.2.11 as against loan account no.S000202967 and the o.p. is further directed to return the signed blank cheques of the complainant lying with them and to issue “NOC” (No Objection Certificate) for making full and final settlement and is directed to pay compensation  of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.