In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 218 / 2009.
1) Sri Debashis Banerjee,
“Uttaran”, Baganbati, Khalisani, Chandan Nagar, Hooghly-712138. ---------- Complainant
---Versus---
1) Kotak Mahindra Bank Ltd.,
7th Floor, B-Block, Apeejay House,
15, Park Street, Kolkata-700016. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 2 6 Dated 1 6 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Sri Debashis Banerjee against the o.p. Kotak Mahindra Bank Ltd.. The case of the complainant in short is that complainant took a loan from o.p. vide loan agreement STL 80078 but complainant could not pay the instalment in time due to financial stringency and for that o.p. gave a proposal for settlement of the loan account and complainant agreed to the said proposal. As per agreement dt.24.11.08 both the parties to this case entered into an agreement towards full and final settlement against the payment of Rs.95,000/- and in the said settlement three instalments were allowed by o.p. starting from 25.11.08 for Rs.30,000/-, 25.12.08 for Rs.30,000/- and the last instalment was scheduled on 25.1.09 by cheque and through EMI. As per said agreement complainant made payment of Rs.30,000/- vide cheque no.446278 and thereafter Rs.30,000/- vide chqeue no.446280 and Rs.28,027/- vide cheque no.44628 which was encashed and Rs.6973/- through ECS amount total Rs.95,000/-. And despite the said payment of Rs.95,000/- towards full and final settlement o.p. did not issue “no due certificate” and on the contrary withdrew Rs.13,946/- from the ECS account of the complainant in two phases on 2.4.09 and 2.5.09 from the account of the complainant’s bank United Bank of India, Old Court House Street Branch. Therefore, complainant issued advocate’s letter on 12.5.09 and despite the same o.p. did not pay heed to that. Hence the instant case.
O.p. had entered its appearance by filing w/v and denied all the material allegation labeled against them and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties as well as evidence and documents in particular lying with record. It is seen from the record that a settlement was arrived that between the parties towards full and final settlement at Rs.95,000/- and complainant paid the said sum and o.p. withdrew the sum and it is not understood what prompted o.p. to withdraw Rs.13,946/- from the ECS account of the complainant’s bank United Bank of India, Old Court House Street Branch and it is a clear breach of agreement on the part of o.p. and amounts to deficiency of service being a service provider to a consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to pay Rs.13,946/- (Rupees thirteen thousand nine hundred forty six) only together with interest @ 9% p.a. from the date of withdrawal till the date of realization and is further directed to issue “no due certificate” in favour of the complainant and is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for his harassment and mental agony 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 realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
