Maharashtra

Additional DCF, Mumbai(Suburban)

RBT/CC/11/209

MRS PRANMITRA KUMARTH - Complainant(s)

Versus

KOTAK MAHINDRA BANK LTD - Opp.Party(s)

PABARI LEGAL ASSOCIATES

24 Jan 2017

ORDER

Addl. Consumer Disputes Redressal Forum, Mumbai Suburban District
Admin Bldg., 3rd floor, Nr. Chetana College, Bandra-East, Mumbai-51
 
Complaint Case No. RBT/CC/11/209
 
1. MRS PRANMITRA KUMARTH
VRINDAVAN BUILDING, ROOM NO. 1, PLOT NO. 20, SAINATH NAGAR, LBS ROAD, GHATKOPAR-EAST, MUMBAI-86.
...........Complainant(s)
Versus
1. KOTAK MAHINDRA BANK LTD
ZONE IV, 5TH FLOOR, KOTAK INFINITY PARK, OFF. WESTERN EXPRESS HIGHWAY, GENERAL A.K. VAIDYA MARG, MALAD-EAST, MUMBAI-97.
2. KOTAK MAHINDRA BANK LTD,
36-38A, NARIMAN BHAVAN, 227, NARIMAN POINT, MUMBAI.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. S.D.MADAKE PRESIDENT
 HON'BLE MR. S.V.KALAL MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 24 Jan 2017
Final Order / Judgement

BEFORE

                   Shri S.D.MADAKE, President.

                   Shri S.V. Kalal, Member.

 

PRESENT

                   Complainant Absent.       

                    Opponent Absent.  

ORDER

 

(Per- Mr. S. D. MADAKE, Hon’ble President.)

 

1.       The Complainant filed complaint as per Sec. 12 of Consumer Protection Act for deficiency in service. The forum admitted complaint for the prayer of restraining opposite party from using unethical means for recovery of loan.

2.     The opposite party has not filed affidavit or written notes of arguments.

3.     We have perused complaint, affidavit as well as written argument filed on record.

4.     The Complainant has not proved that, opposite party is guilty for deficiency in service by filing relevant documents in support of the allegations and stated that, he moved to various authorities for alleged threats but no cognizance was taken by any of them.

5.     The Complainant has not given specific instances of threats on any date, time and place.

6.     The complainant has also not given any details of loan, details of repayment and the loan which is yet not paid.

7.     We agree with complainant that, proper modes are necessary for recovery of loan amount. However, the complainant failed to prove that Opponent is guilty for deficiency in service.

8.     In the result, we pass the following order.

 

                                 ORDER

 

1.       RBT complaint No.209/2011 is dismissed.

2.       No order as to costs.  

3.Copy of this order sent to both parties.

 
 
[HON'BLE MR. S.D.MADAKE]
PRESIDENT
 
[HON'BLE MR. S.V.KALAL]
MEMBER

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