In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.173/2011

1)                 Sujit Kumar Ghosh,

47/5/A, R.N. Tagore Road, Kolkata-63                                           ---------- Complainant

---Versus---

1)                  State Bank of India,Through Branch Manager,

Fort William Branch, P.S. Hastings, Kolkata-21                             ---------- Opposite Party

Present :         Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.    18    Dated   16/10/2012.

            The petition of complaint has been filed by the complainant Sujit Kumar Ghosh  against the o.ps. State Bank of India.  The case of the complainant in short is that complainant took a personal loan from o.p. vide loan account no.11293143099 for Rs.80,000/- on 8.8.02 and at the time of sanction of the said loan complainant issued 48 post dated cheques as EMI for liquidation of said loan account along with fixed rate of interest @ Rs.2190/- per month in favour of o.p. and agreement was that o.p. shall present the said cheques on 10^th day on each and every calendar month to the banker of the complainant and after expiry of the tenure of loan on 10.8.06 when the last cheque was presented by bank and the same was duly honoured and o.p. issued a notice dt.7.2.07 vide annex-A claiming Rs.3150/- from complainant and complainant replied to notice dt.7.2.02 on 19.3.07 and no response was there from o.p. and further on 26.9.07 o.p. claimed further Rs.3378/- and complainant issued legal notice on 3.12.07 and o.p. issued statement of account vide annex-E dt.12.12.07. Hence the case was filed by complainant with the prayer contained in the prayer portion of the petition of complaint.

            O.p. had entered it appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument has stated that the case is not maintainable 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. From the statement of account furnished by o.p. dt.8.10.11 wherefrom it reveals that 46 no. of cheque was not presented and seems to have been lost from bank and for which complainant cannot be shouldered with burden of making payment afurther and this act on the part of o.p. amounts to gross negligency and deficiency in service although ld. lawyer of o.p. in the course of argument vehemently opposed the case of the complainant and prayed for dismissal of the case. We firmly hold that o.p. had sufficient deficiency on their part being a service provider to its consumer / complainant and complainant is entitled to relief.

Hence, ordered,

            That the petition of complaint is allowed on contest against the o.p. with cost. O.p. is directed to issue ‘no due certificate’ in favour of complainant as against his personal loan account no.11293143099 and close the said account at once and is further directed to pay to the complainant compensation of Rs.8000/- (Rupees eight thousand) only for his 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 @ 9% 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.