In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No. 318 / 2010 . 1) Sutapa Raya Chettri, 8, R.K. Ghosal Road, Kolkata-42. ---------- Complainant ---Versus--- 1) M/s. ICICI Bank Ltd. Bachayat House, 2B, Upper Wood Street, Kolkata-17, P.S. Shakespeare Sarani. 2) Manager, ICICI Bank Ltd., 2nd Floor, Legal Department, 1A, A.J.C. Bose Road, Kolkata-20. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Order No. 30 Dated 16-05-2013. The case of the complainant in short is that complainant is an unemployed woman and living with her two unmarried daughter in the complainant’s house and her husband has taken loan in the year of 2003-2004 from the o.p. a sum of Rs.8,50,000/- and out of total amount the complainant already ready paid a sum of Rs.7,26,313/- so, total dues now stands a sum of Rs.(8,50,000 – 7,26,313) = Rs.1,34,687/-. In the year of 2009 complainant’s husband left from the house and he has no trace out till the date. Complainant only has prayed for installment payment but the o.p. refused to accept the said proposal and demand huge amount in violation of natural justice. 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: We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is an unemployed woman and living with her two unmarried daughter in the complainant’s house and her husband has taken loan in the year of 2003-2004 from the o.p. a sum of Rs.8,50,000/- and out of total amount the complainant already ready paid a sum of Rs.7,26,313/- so, total dues now stands a sum of Rs.(8,50,000 – 7,26,313) = Rs.1,34,687/-. We further find from the record that in the year of 2009 complainant’s husband left from the house and he has no trace out till the date. It is seen from the record that complainant only has prayed for installment payment but the o.p. refused to accept the said proposal and demand huge amount in violation of natural justice. In view of the findings above and on perusal of the entire materials on record we find that the o.ps. kept complainant the complainant in the dark as to the terms and conditions of the agreement of the home loan and complainant is not in a position as to how much amount she is required to pay towards repayment of balance amount of home loan account no.LBCAL 00005357775 and to that score we find that o.ps. had some sort of deficiencies being service provider towards complainant / consumer and complainant is entitled relief. Hence, ordered, That the case is allowed on contest with cost in part against the o.ps. O.ps. are jointly and/or severally directed to supply copy of agreement of home loan standing in the name of husband of the complainant viz. Kiron Raya Chettri and is directed to let the complainant know the exact amount inclusive all interest as per RMI guidelines as it stands on this day within 3 weeks from this day and on receipt of the same complainant is directed to pay the said total amount in ten installments and is further directed to pay to the complainant a sum of Rs.5000/- (Rupees five thousand) only as compensation for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% 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 free of cost. | 
