In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 188 / 2011.
1) Mrs. Rinki Saha and
2) Mr. Goutam Saha
Both of 210-4, A.K. Paul Road, Behala Ganga Rampur LIC, Kol-34. ---------- Complainant
---Versus---
1) Kotak Mahindra Bank,
Apeejay House, 7th Floor, Block-‘B’, 15, Park Street, Kol-16. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 13 Dated 30/04/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainants Mrs. Rinki Sahja and Mr. Goutam Saha against the o.p. Kotak Mahindra Bank. The case of the complainants in short is that complainants took personal loan from o.p. for Rs.4,36,700/- on 29.11.07 vide agreement no.SPL-191967 and thereafter complainants went on making payment towards repayment and complainants could not make payment of instalment towards repayment for once and thereafter both the parties of this case arrived at a settlement on 30.4.10 for Rs.1,89,000/- vide annex-G and complainants paid the said amount in its entirety on 30.4.10 vide annex-H (both annexure attached with petition of complaint).
Further case of the complainants is that even after making full payment of the settlement amount of Rs.1,89,000/- on 30.4.10 o.p. encashed the post dated cheque worth Rs.88,925/- on 4.5.10 vide annex-I attached with petition of complaint for the reasons best known to them. Thereafter complainants took various steps for clarification of such action of o.p. but no fruitful action was brought forth. Hence the case.
Matter was heard ex parte as against o.p. as o.p. did not contest the case by filing w/v. As such, the evidence of complainants is unchallenged testimony since the same has not been rebutted by o.p. Accordingly, we are of view that the petition of complaint deserves consideration and complainant is entitled to relief since o.p. had sufficient deficiency on their part being service provider to its consumers / complainants within the scope of C.P. Act.
Hence, ordered,
That the petition of complaints are allowed ex parte with cost against the o.p. O.p. is directed to pay to complainants a sum of Rs.88,925/- (Rupees eighty eight thousand nine hundred twenty five) only together with interest @ 9% p.a. from 4.5.10 till the date of realization and is further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for their 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
