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. 133/2010.
1) Mrs. Baby Sarkar,
12/, A.K.M. Sarani, Morepukur,
P.O. & P.S. Rishra, Dist. Hooghly. ---------- Complainant
---Versus---
1) Sri Sanjoy Guin,
Authorised Officer, ARMS,
10th Floor, ISCO House, B-Win,
50, Chowringhee Road, Kolkata-71,
P.S. Shakespeare Sarani. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 33 Dated 21-08-2013.
The case of the complainant in short is that complainant for the purchase of construction of residential building on the schedule property took house building loan from ICICI Bank for Rs.2,96,631/-, Rs.1,48,500/- paid on 25.1.03 instead of Rs.1,50,000/- and Rs.90,000/- was paid on 17.3.09 and Rs.58,131/- was paid instead of Rs.60,000/-. That actually Rs.2,96,631/- was paid instead of Rs.3,00,000/-.
Complainant had been paying the EMI as it was fixed and agreed by the complainant to pay as the complainant had been facing difficulties in paying the EMI for which the complainant by letter, dt.4.2.08 made request for setting the house building loan. The account number of the complainant being LBBRR 00000350143 and by that letter the complainant asked the ICICI Bank for the confirmation of outstanding dues for the settlement and the said letter was given personally on 4.2.08 and ICICI Bank accepted the said letter on 4.2.08 putting seal and signature.
O.p. no.1 on 5.10.09 sent one letter to the complainant conveying that ICICI Bank transfer and release the original lender has unconditionally and irrevocably assigned, transferred and release in favour of o.p. no.1 and also informed regarding acquisition of all security documents and also by serving notice informed that total outstanding Rs.3,66,083.55 was due showing loan amount Rs.3,00,000/- and directed to deposit the amount within 60 days, otherwise, the legal action according to provision is to be taken but no reply was given against the letter, dt.4.2.08 given by the complainant.
Complainant through his advocate by letter dt.31.10.09 informed o.p. no.1 that the amount of Rs.2,96,631/- was paid and last instalment was paid in Nov. 2007 and the complainant for avoiding hazards of EMI one letter was given against the letter dt.4.2.08 and Rs.1,72,653/- already was paid, but no information regarding transfer was given.
O.p. no.1 has already by such transfer have acquired all responsibility including the responsibility of letter dt.4.2.08 and also it was informed upto Feb.2008 the calculation made by the complainant, that the due only Rs.2,25,000/- and complainant was ready tom pay the said amount at a time and immediately for avoiding litigation and also informed that no interest can be charged from the complainant upto Feb.2008. That the o.p. negligent in dealing with the transaction only considering that the negligence of the o.p. will not be counted and according to their sweet will they will claim interest and by that letter dt.31.10.09 it was also informed to o.p. no.1 to settle the dispute and also by sending necessary documents of acquisition of the interest of ICICI Bank and copy of letter dt.4.2.08 also was given.
O.p. no.1 after getting letter dt.31.10.09 in reply by letter dt.6.11.09 informed that considering a special case instead of Rs.3,71,430.36, Rs.3,52,362/- is to be paid on 31.10.09 to 12.,11.09 only with some malafide intention and also without considering the previous letter dt.4.2.08 be it mentioned that no letter was given by complainant on 23.10.09.
Complainant after getting that letter dt.6.11.09 sent reply on 2.12.09 by which the complainant stated that 12.11.09 time was extended and letter was given on 6.12.09 and said act of mentioning time and withdrawing facilities all baseless and only for the purpose of grabbing the money from the complainant and the letter was given dt.2.12.09 by regd. post with a/d.
O.p. no.1 again serve notice on 5.1.10 u/s 13(ii) of the SERFESI Act 2002 to pay the amount of Rs.3,66,083.55 in failure asked the complainant to hand over the possession of the property of the complainant in schedule.
O.p. had / have no legal right claim in excess of Rs.2,25,000/- being the principal and interest accrued upto Feb.2008. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p.1 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.p. 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 on careful scrutiny of the entire materials on record we find that ICICI Bank is a necessary party to adjudicate the matter. But ICICI Bank has been expunged vide order no. 7 dt. 21/10/2010 by the complainant. In absence of the ICICI Bank any award cannot be enforced.
In view of the above position, we find that the complainant has failed to prove her case and such non-joinder of the party appear to fatal in nature and the complainant is not entitled to get any relief.
Hence
Ordered
The case is dismissed without cost.
