Sri Utpal Kumar Bhattacharya, Member

Being aggrieved with the impugned judgment and order dated 21.07.2015 in Complaint Case No. 589/2013 passed by the Ld. District Forum, Unit –I, Kolkata, dismissing the complaint ex parte against the Respondents/OPs, the Appellant/Complainant filed the instant Appeal u/s 15 of the C.P Act, 1986.

The brief fact of the case is that the Appellant/Complainant, the holder of a credit card issued in his name by the Respondents/OPs, failed to repay a part of the overdue amounts in respect of his said credit card due to sudden financial problems he had been suffering from at the relevant point of time.

The Appellant/Complainant started receiving threatening calls from the muscle men, allegedly, engaged by the Respondents/OPs so as to ensure early recovery of the outstanding dues from him. The Respondents/OPs allegedly, went to the extent of sending those muscle men to the residence of the Respondents/OPs where too the Appellant/Complainant, as alleged, was threatened with dire consequences.

The Appellant/Complainant resorted to legal steps by filing an FIR with the Gariahat Police Station against the illegal activities of the miscreants allegedly under patronage of the Respondents/OPs. He, at the same time, informed the matter to the Respondents/OPs, in Bank authorities, keeping in the loop the Bank Ombudsman, Reserve Bank of India. The Appellant/Complainant also issued legal notice to the Respondents/OPs asking them not to disturb the peaceful living of the Appellant/Complainant resorting to foul means by engaging rowdy emissionaries for collecting the overdue amounts, a prohibited act as per direction of the Hon’ble Apex Court.

The instant complaint was against the aforesaid criminal activities which allegedly put the Appellant/Complainant under severe mental pressure and subjected him to utter humiliation in his locality. Impugned judgment and order was the outcome of the said complaint case.

The Appeal was heard ex parte against the Respondents/OPs.

Ld. Advocate appearing on behalf of the Appellant/Complainant submitted that the Appellant/Complainant had made repayment of the entire outstanding dues and, accordingly, he had no allegation against the Bank so far as to the realisation of the outstanding dues is concerned. The Appellant/Complainant, as contended, still stuck to his claim of compensation for mental pain and agony that he had to sustain due to the coercive measures adopted by the Respondents/OPs in course of realising the over dues from him.

Ld. Advocate concluded his submission with the prayer for direction upon the Respondents/OPs for payment of compensation to the Appellant/Complainant for the unlawful trade practice resorted to by them as mentioned in the complaint. 

Perused the papers on record and considered submission of the Ld. Advocate appearing on behalf of the Appellant/Complainant.

The Appellant/Complainant appeared to be still aggrieved with the atrocities and coercive measure towards realizing his outstanding dues that the Respondents/OPs adopted by sending his musclemen to the residence of the Appellant/Complainant.

The Appellant/Complainant had reasons to remain aggrieved as the coercive measure allegedly adopted not only caused mental pain and agony to him but also subjected him to loss of prestige in his locality.

The record revealed that an FIR was lodged with the Gariahat Police Station against the Respondents/OPs alleging him of illegal activities mentioned above. The record, however, was silent about the fate of that FIR. There was no evidence in the form of police report substantiating the veracity of the contents of FIR. There was no evidence either in the form of criminal case, ongoing or disposed of, substantiating justification of the alleged criminal activities for taking cognizance of the competent criminal Court. We are afraid, we are unable to accept the allegation based on merely on the FIR.

From the perspective narrated above, we are of the considered view that the Ld. District Forum had rightly passed the impugned dismissal order which should be left uninterfered with.

Hence,

Ordered

that the Appeal be and the same stands dismissed. Impugned Judgment and order stands affirmed. No order as to costs.