In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 381 / 2010.
1) Smt. Sushila Devi Bhutra,
40-1, N.S. Road, 4th Floor, Rishra, Hooghly-712248. ---------- Complainant
---Versus---
1) Kotak Mahindra Bank Ltd.,
7th Floor, Block-‘C’, Apeejay House,
15, Park Street, Kolkata-700016.
2) Rajiv Khaitan, Authorised Officer, Kotak Mahindra Bank Ltd.,
7th Floor, Block-‘C’, Apeejay House,
15, Park Street, Kolkata-700016. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 17 Dated 19/06/2012.
The petition of complaint has been filed by complainant Smt. Sushila Devi Bhutra against the o.ps. Kotak Mahindra Bank Ltd. The case of the complainant in short is that complainant took a loan of Rs.1,43,567/- as per loan agreement no.CSG-1553117 and the bank charged documentary charges Rs.750/-, service charge Rs.2871/- and some other charges and complainant was asked to pay EMI of Rs.5675/- for 36 months and complainant paid EMI till Nov. 2008 and the same was duly received by o.ps. and subsequently complainant went through financial patch and could not pay the EMI and o.p. no.1 through o.p. no.2 approached complainant for settlement at Rs.40,000/- and complainant made full payment as per settlement on 22.7.09 and even after payment of entire settlement amount o.ps. did not issue ‘no due certificate’ nor returned the post dated cheques lying with them (o.ps) issued by complainant. Hence the case.
O.ps. had entered its appearance in this case by filing w/v denying all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument has stated that all the allegations of complainant is frivolous and the instant case is not maintainable.
Decision with reasons:-
We have gone through the pleadings of the parties and evidence and documents in particular. It is seen from the record that the parties to this case arrived at a settlement of Rs.40,000/- and complainant made full payment of the said Rs.40,000/- and despite such payment ‘no due certificate’ has not been issued by o.ps. nor returned the post dated cheques lying with them (o.ps) issued by complainant within time and this act on the part of o.ps. amounts to deficiency of service as well as unfair trade practice within the definition defined in the C.P. Act, 1986 and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to issue ‘no due certificate’ in favour of the complainant in respect of the loan agreement no.CSG-1553117 and return the post dated cheques lying with them (o.ps) issued by complainant if not handed over and o.ps. are further directed to pay to the complainant compensation of Rs.25,000/- (Rupees twenty five 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% 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.
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MEMBER MEMBER PRESIDENT
