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.55/2009.
1) Subir Kumar Dhar,
Sunit Banerjee Road,
(Near GholaHigh School),
Sodepur, Kolkata-111. ------------- Complainant
---Versus---
1) The Branch Manager,
ICICI Bank,
2 No. Upper Wood Street,
P.S. Shakespeare Sarani, Kolkata-17. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 40 Dated 07-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant took the advantage for a housing loan from ICICI Home Finance operated by o.p. in the year 2003. Complainant above named is a Group ‘C’ staff of BSNL Deptt., Kolkata. At the time of disbursement of the loan amount the adjustable rate of interest was fixed 9.5% p.a. and duration of payment of number of equated monthly instalments was fixed 240 months.
At the time of sanction of loan the complainant above named did not receive the entire amount of loan Rs.2,50,000/- due to pay the administrative fees of Rs.1250/- by o.p. Complainant along with his wife had applied for the said housing loan amount before authorities of o.p. and for the matter of repayment of loan complainant issued some post dated cheques in favour of o.p.
The recovery agent of o.p. appeared before the complaiant and stated that the rate of interest of the said loan account has been increased since long as per terms and conditions of RBI Rules and therefore, the EMI amount became over due of Rs.156/- to be paid immediately and as a good borrower the complainant already paid the said amount to the said collection agent of o.p.
O.p. above named issued the repayment schedule of the said loan agreement vide no.LBCAL0000368656 and seeing the contents of the said repayment schedule it is opened that the duration of period to pay the EMI or to pay the entire loan amount enhanced from 20 years to 36 years which is colourable in nature. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. 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:
In view of the findings above and on perusal of the entire materials on record we find that the rate of interest was floating vide annexure dt.29.8.09 i.e. letter of ICICI Bank address to the complainant and complainant has not disputed the same and we do not find any cause of action to file the instant case and we do not find any deficiency in service on the part of o.p. and complainant is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.p.
