In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.253/2011.

1)                   Md. Oais,

            34/35, Pilkhana, 3^rd Bye Lane, 2^nd Floor,

            P.O. Pilkhana, P.S. Golabari, Howrah-711101.                                        ---------- Complainant

---Versus---        

1)                   Magmas Fincorp Ltd. (formerly Magma Leasing),

            24, Park Street, P.S. Parak Street, Kolkata-16.

2)       Manager / Authorized Person representing

            Magmas Fincorp Ltd. (formerly Magma Leasing Ltd.),

Magma House,             24, Park Street,

P.S. Parak Street, Kolkata-16.                                                                ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   20    Dated  22-08-2013.

          We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant executed an agreement of loan vide no.PG/0011/V/02/000391 dt.23.10.03 for an amount of Rs.6 lakhs with Magma Leasing Co. now Magma Fincorp Ltd. i.e. o.p. As per the agreement complainant was to repay @ Rs.17,500/- per month for 25 months and them @ Rs.13,570/- for 21 months.  Complainant was thus to pay Rs.7,22,470/- in total including interest or otherwise for his total loan of Rs.6 lakhs.

            Complainant ensued the repayment right from Dec. 2003 by paying instalments @ Rs.17500/- and the last payment was made by him Rs.13,570/- on 29.9.07. The payments have duly been received by o.p. vide their receipts under seal and signatures with respective dates. Complainant has paid in total Rs.7,42,610/- meaning an excess payment of Rs.20,140/-.

            Complainant uses the truck as the means of self employment to earn his livelihood and to maintain his family. Complainant paid off the dues quite within the time frame and the summation of his payments shows an excess one which is very much returnable to him.  

            Complainant has asked for the refund of the excess amount of Rs.20,140/- which they also assured to pay off shortly but nothing materialized. Every time o.p. assured complainant of the issuance of the same shortly and they also assured him that since all his payment is clear and since the proper ‘receipts’ are with him for his full payment so complainant need not be worried etc. Instead of issuing complainant the much sought for NOC the o.p. issued him letter no.nil  dt.22.11.08 demanding Rs.27,839.80.

            O.p. issued complainant another letter dt.27.7.10 i.e. after the elapse of more than 1½ years demanding Rs.54,002.81 on account of delayed payment charges another charges, complainant contact with o.p. men/agents. They assured complainant that complainant need not be worried but the departments were not properly communicated and hence this problem. Complainant was served with another letter dt.3.12.10 demanding Rs.60,957/-. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            In view of the findings above and on perusal of the entire materials on record complainant had not paid the E.M.Is. on scheduled dates on a number of occasions but the o.p. had informed the complainant much later and demand notice sent by o.p. at a belated stage since to be unusual. So it is presumed that complainant paid Rs. 20,140/- in excess for delay charge. Therefore, complainant is entitled to obtain ‘no due certificate’.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to issue no due certificate to complainant and cancel the demand notice sent by them. O.ps are also directed to pay litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the aforesaid amount due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.