Sri Shyamal Gupta, Member

Calling in question the legality of the Order dated 03-09-2015, passed by the Ld. District Forum, Kolkata-II (Central) in CC/108/2015, this Appeal is preferred u/s 15 of the Consumer Protection Act, 1986 by HSBC Ltd.

The bone of contention between the parties is a Home Loan taken by the Respondent from the Appellant.

I heard both sides in the matter and gone through the documents on record.

The grievance of the Respondent against the Appellant was that the latter realized excess interest and other charges from him at the time of settlement/foreclosure of the said loan account. In support of his contention, the Respondent filed one Statement of Account purportedly prepared by J.C.Chakravarti & Co., Chartered Accountants dated 23-06-2014.

However, the Appellant strongly disputed the validity of the said report stating that once the Respondent voluntarily repaid/foreclosed the concerned loan account, he had no legal right to rake up the issue afresh on the strength of the aforesaid Statement of Account. 

On due consideration of the same, however, I cannot endorse the aforesaid view of the Appellant.  There can be no manner of doubt that calculation of bank interest is indeed a complex procedure and without having proper expertise, it is quite tough for a layman to understand the complexities involved in the matter. If any discrepancy is indeed detected subsequently, in my considered opinion, the aggrieved party reserves every right to realize the excess amount from the bank. 

However, it appears that the authenticity of the said Statement of Account was not established following due process of law.  In view of the objection raised from the side of the Appellant regarding the acceptability of the report prepared by J.C.Chakravarti & Co., Chartered Accountants, I deem it appropriate to direct the Respondent to approach the Ld. District Forum for appointment of an independent Chartered Account (CA) to find out as to whether or not any excess amount was realized by the Appellant, as alleged.  The Appellant shall render all sorts of co-operation to the said independent CA by furnishing relevant circulars and other documents as would be required for evaluation purpose.

Accordingly, the case is remitted back to the Forum below for fresh adjudication of the case on the basis of the report of the independent CA. 

I hereby set aside the impugned order.  Consequent thereof, the Appeal stands allowed in part.  Parties to appear before the Ld. District Forum on 24-02-2020.