In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.327/2010   

1)                   Saibal Das,

            24B, Rani Rashmoni Road, Kolkata-87.                                                               ---------- Complainant

---Versus---

1)                   Indiabulls Credit Services Ltd.

            At Indiabull House,

            448-451 Udyog Vihar, Phase-V,

            Gurgaon-122001, (Haryana).       and

            15, Ashutosh Mukherjee Road,, Kolkata-20,

            D.N. Mitra Square, P.S. Bhawanipore.                                                                ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   23    Dated  12-03-2013.

            The case of the complainant in short is that complainant took personal loan being account no.S000198079 from o.p. and complainant received summons from the court of Gitanjali Goel and MMN Delhi and thereafter complainant contacted o.p. and o.p. assured him to make payment at Kolkata and accordingly, complainant went on making payment. Further case of the complainant is that complainant received a letter from an advocate with a request to settle the loan amount and loan amount was settled at a sum of Rs.70,000/- and on 24.4.09 complainant by draft no.865221 handed over to Mr. Gorachand Dey and Mr. Manik and Gorachand Deyued a money receipt being no.PL+18085, serial no.PL+180847 and complainant refused to accept the said receipt as there was mentioned “only for EMI and charges” and he was assured by Gorachand Dey and Manik to accept the  receipt since o.p. issued settlement letter, but despite settlement ‘no due certificate’ was not issued in favour of the complainant. Surprisingly enough complainant has stated in his complaint that on 8.2.10 he received a letter from an advocate u/s 138 N.I. Act and directed him to pay money within 15 days although the case of the complainant is that while settlement was there on 24.4.09 how his cheque could be bounced and then again on 4.9.10 o.p. issued a summon of Rs.67,371/- from Gurgaon Court for without any basis. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.