IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /54/2015.

 Date of Filing:              12.05.2015.                                           Date of Final Order: 24.02.2016.

Complainant: Moumita Mishra, D/O Nikhil Mishra, Kandi Bazar, P.O.& P.S. Kandi,

                        Dist. Murshidabad. Pin 742137.

-Vs-

Opposite Party: The Branch Manager, Kandi Co-operative Agriculture and Rural Dev. Bank Ltd.,

                        P.O.& P.S. Kandi, Dist. Murshidabad. Pin 742137.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

This complaint has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for a direction upon the OP to issue NOC in her favour and to return the documents of such as share certificate, F.D. including together with interest and to pay a sum of Rs.2,000/- for cost and also direct the OP to pay a sum of Rs.50,000/- for compensation.

The complainant’s case, in brief, is that the complainant took a loan from the OP to purchase a vehicle No. WB-57-7159 and final payment was settled at Rs. 26,104/- in Lok Adalat on 13.07.2013. The OP assured the complainant that after getting the order from the Lok Adalat the amount will be credited to the loan account but the was not issued. The complainant sent an Advocate’s letter dt. 27.11.2013 to the OP but the complainant has not received such N.O.C. Thereafter, the complainant filed this complaint. Hence, the instant case.

                                                     Decision with Reasons.

The case is taken up for hearing ex parte against the OP-Branch Manager, Kandi Co-Operative Agriculture & Rural Dev. Bank Ltd. The complainant’s main case is that the complaint took loan for purchasing a vehicle and the matter was settled before the Lok Adalat on 13.07.13 against payment of Rs.26,104/-.

To prove his case, the complainant has filed the relevant documents including the certificate of the Op Bank wherefrom it appears that the matter was settled before the Lok Adalat and the complainant has filed a document relating to deposit of Rs.26, 104/-  as per settlement of claim before the Lok Adalat. It is true that the specific order of the Lok Adalat is coming before the Forum.

Be that as it may, it is clear from the document of the OP other documents particularly the counter-foil of the pay-in-slip shows that the complainant paid a sum of Rs.26,104/- and it is also clear from the certificate dt. 6.02.13 of the OP  that the matter came before the Lok Adalat and there was reflection that after getting order from the Judge of the Lok Adalat, the amount will be

credited to the loan account and no dues certificate will be issued.

Considering the facts and circumstances of the case, we can safely conclude that the complainant is entitled to get relief of getting NOC as well as return of all original documents ex parte   in favour of the complainant.

Hence,

                                                    Ordered

that the Consumer Complaint No. 54/2015 be and the same is allowed ex pate against the OP without any order as to cost.

The OP is directed to issue a NOC in favour of the complainant and also return all the original documents of the complainant deposited before the OP within 30 days from the date of this order, failing which the OP is to pay Rs.100/- per day’s delay as fine and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.