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. 131 / 2012.
1) Shri Nripendra Nath Mondal,
64, Manickpur Thakurpara, P.O. Italgacha,
P.S. Dum Dum, Kolkata-79. ----------- Complainant
---Versus---
1) The Chief Manager,
ICICI Home Finance Co. Ltd.
36, Chowringhee Road,
P.S. Park Street, Kolkata-71. ----------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 14 Dated 15-07-2013.
The case of the complainant in short is that complainant went to the ICICI Bank Home Finance Co. Ltd. 36, Chowringhee Road, P.S. Park Street, Kolkata-71 deposited Rs.2,50,000/- has fixed to ICICI Bank Home Finance Co. Ltd. 36, Chowringhee Road, on 30.12.08 and which will be matured on 29.6.11. But it is most unfortunate to say that serious heart attacked was happened on 19.1.09 and due to that occurrence complainant requested to the bank authority of ICICI Bank Home Finance Co. Ltd. to refund the full amount at the premature dt.29.1.09 without any interest and that prayer through the Manager, Mr. Dipanjan Mondal, 36, Chowringhee Road, Kolkata-71 of ICICI Bank Home Finance Co. Ltd. Because when complainant was admitted in the NilratanMedicalHospital and urgent need of money for treatment. But the authority of ICICI Bank Home Finance Co. Ltd. refused to complainant’s prayer.
After four months completed that the ICICI Bank Home Finance Co. Ltd. authority Calcutta Branch sent to the complainant a statement detailed on 15.4.09. Bank authority gave to the complainant after four months interest of principal money of Rs.2,50,000/- there interest of Rs.7089.55 and said interest of principal money’s 3 months interest only, not four months interest. But it is most surprising to say that the ICICI Bank Home Finance Co. Ltd. when returned the principal amount of Rs.2,50,000/- after reducing of interest of Rs.7089.55 i.e. Rs.2,42,020/-.
Complainant did not get of four months interest from the above bank authority. Complainant demanded to the said bank authority concerned to pay of four months interest from the principal money with 18% interest with effect from 31.12.09 to till date to the complainant. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
Sole o.p. had entered his 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 we find from para 10 of evidence of the complainant that complainant had earlier filed a case being C.C. no.308 of 2010 in this Forum and the said case was disposed of and appeal is lying pending being F.A. No.972 of 2012 before the Hon’ble State Commission and the complainant has come up with the instant petition of complaint on the self same cause of action and if we sum up the position as mentioned above, we are constrained to hold that the instant complaint cannot be entertained since barred by the principle of resjudicata and complainant is not at all entitled to relief from this Forum so far as the instant case is concerned, in result complaint fails.
Ordered,
That the instant case no.131 of 2012 stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
