DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 354  of  2022

 

Sri Sanjay Pait,

S/O- Santosh Chandra Pait,

Adarsha Para, near Amtali P.S.,

P.O. Amtali, P.S. Amtali,

District- West Tripura-799130. ...........Complainant.

 

-VERSUS-

 

1. The Branch Manager,

 

2. The Branch Manager,

 

    __________PRESENT__________ 

  SRI GOUTAM DEBNATH

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER 

 DISPUTES  REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

For the O.Ps     :  Sri Sankha Subhra Dey,

 

 

 

 

 

F I N A L    O R D E R

1. Sri Sanjay Pait here-in-after called the complainant has filed this complaint against the O.Ps alleging inter alia that he obtained a House Building Loan from the O.P. Bank on 09.08.2006 for a period of 15 years for a total sum of Rs.2 lakhs. The monthly installment was Rs. 2045/- and the total repayment amount was Rs.3,64,420/-. 

1.1 The complainant paid EMI and in total paid a sum of Rs.3,68,420/- and requested the bank to deliver him a Clearance Certificate but the Bank demanded a further sum of Rs. 1,19,185/-.

1.2 The complainant served Legal Notice and this time the Branch Manager asked the complainant to deposit Rs.35,000/- which the complainant denied. After few days the Branch Manager asked the complainant to meet the Branch Manager and demanded Rs.84,185/-. Hence, this case for direction to issue Clearance Certificate and pay compensation for deficiency in service.

 

2. The O.Ps Branch Manager in written objection pleaded that the monthly installment was Rs.2090/-, instead the complainant deposited Rs.2045/- in each and every installment and also the complainant was irregular in payment of installments. Consequently penal interest was calculated. As such the complainant has to pay a further sum of Rs.1,21,995/- to the O.P. Bank.

 

3. Both sides submitted evidence on affidavit and documents.

 

 

4. Hearing argument following points are taken up for discussion and decision:-

 

5. All the points are taken up together.

5.1 From the statement of account submitted by the complainant issued by the O.P. Bank it is clear that schedule of repayment was Rs.2045/- per month as such the pleading of the O.P. Bank that the EMI was Rs.2090/- per month is not correct. It appears that the complainant paid Rs.2045/- per month up to 18.01.2011. Thereafter only on a few occasion he paid more than Rs.2045/- per month and in the process he paid Rs.3,68,420/- as per the calculation sheet submitted by the complainant supported by the vouchers issued from the Bank.

5.2 The O.P. Bank has not answered the pleading of the complainant why the O.P. Bank demanded different sums on different dates. And it appears that any penal interest in the circumstances is also not justified.

5.3 The loan amount was Rs.2 lakhs only and the complainant has already paid Rs.3,68, 420/- which is more than the repayment amount of Rs.3,64,420/-. As such the O.P. was not justified in demanding further sum from the complainant and by not issuing Clearance Certificate in favour of the complainant.

6. All the points are decided accordingly against the O.P. Bank.

 

7. In the result, it is ordered that the O.P. Bank shall issue a Clearance Certificate of loan in favour of the complainant within 30 days from today, otherwise it shall pay compensation to the tune of Rs.30,000/- to the complainant from the expiry of 30 days from today in addition to the Clearance Certificate of Loan.

 

 

8. The case stands disposed of. Supply copy of this Final Order free of cost to both the parties.   

   

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

SRI SAMIR  GUPTA

MEMBER, 

DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.