This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that the husband of the complainant, Late Debi Sankar Banerjee during his life time availed of personal loan of Rs. 1.00 lacs from the opposite party and died intestate on 21.6.2003 leaving behind him the complainant as his only legal heir and the complainant could know about that personal loan only after receipt of a summons from Hon’ble Lok Adalat, Chandannagar and appeared before the said Lok Adalat on 25.9.2005  wherein a consent decree was passed for payment of Rs. 73,000/- in phase against total recoverable dues of Rs. 120,653/- and the said decreed amount of Rs.73,000/- was paid by the complainant within the time specified by the said Lok Adalat and the opposite party was asked to issue no-due certificate on 25.9.2006 and as no-due certificate was not issued by the opposite party on the basis of that letter, the complainant made regular follow-up with the opposite party for no-due certificate by letters/verbal follow-up but in vain and the letters of request of the complainant for issuance of no-due certificate was duly acknowledged by the opposite party but the no-due certificate was never issued and after the death of her husband the complainant sold out the residential house where she residing along with her husband and shifted to a residential flat in a multi-storied building in the year 2010 and on 7^th March, 2019 one person stated to be a representative of the opposite party approached the complainant in her new residence and asked her to repay the outstanding in her loan account and upon enquiry she was given to understand that her current address was collected by that person from the occupants of her old house and when told by the complainant that the loan account stands repaid in full, the person was demanding the no-due certificate which the complainant could not produce and being ashamed of facing a recovery personal from the opposite party when there should not be any outstanding in the loan account and the complainant sent one of her representative to the opposite party who met the Chief Manager there and submitted with him all the papers/ documents which clearly shows that the decree amount of Rs.73,000/- stands paid within stipulated time and the Chief Manager of the opposite party assured the representative of the complainant that no-due certificate will be issued after the account is closed at their end and a mail was sent by the complainant to the opposite party on 9.3.2019 stating the deliberation held in the meeting of her representative with the Chief Manager on 7.3.2019 with a request to issue no-due certificate forthwith and as no reply was received from the opposite party, customer care services of the opposite party was requested by the complainant vide her mails dt. 16.3.2019 and 21.3.2019 for issuance of no-due certificate which is yet to be issued and the representative of the complainant lastly visited the opposite party on 4.9.2019 and was gathered to know that the account is yet to be closed at their end.          Complainant filed the complaint petition praying directions upon the opposite party to issue no-due certificate and to pay sum of Rs. 5,00,000/- as compensation and to pay a sum of Rs. 10,000/- as litigation cost.

            Complainant files evidence on affidavit in which she stated that her husband Debisankar Banerjee during his life time availed of personal loan of Rs. 1,00,000/- from the opposite party Bank. The complainant came to know about the personal loan after receiving summons from Hon’ble Lok Adalat, Chandannagore and appeared before the Lok Adalat on 25.9.2005 wherein a consent duly was passed for payment of Rs. 73,000/- in phases against total recoverable dues of Rs. 1,20,653/-. The complainant paid the decreed amount of Rs.73,000/- within the specified time to the opposite party and asked to issue no due certificate on 25.9.2006. Inspite of several reminders the opposite party did not issue no due certificate. Subsequently, the complainant sold out the residential house and shifted to residential flat in a multistoried building in the year 2010. On 7^th March, 2019 one representative of the opposite party approached the complainant in her new residence to repay the outstanding in her loan account. But the complainant did not show the no due certificate as enquired by the representative as it is not issued to her. Later on the complainant sent her representative to the opposite party and submitted all the papers/ documents in respect of payment of Rs.73,000/-. Then the opposite party assured her representative that no due certificate will be issued after the account is closed at their end. Also a mail was sent to the opposite party on 9.3.2019 stating the deliberations held in the meeting of her representative with the opposite party on 7.3.2019 and also requested to issue no due certificate forthwith. Then the complainant requested the customer care services of the opposite party for issuance of no due certificate but of no result. Complainant stated that her prestige as the occupants of her old house where she along with her husband was residing understood that her late husband was a defaulter of bank loan inspite of the fact that no loan was outstanding in his name that the aforesaid amounts took deficiency in service and unfair trade practice so she is entitled to a compensation of Rs. 5,00,00/- against the opposite party.

       The evidence on affidavit of the complainant is taken into consideration for passing final order.

           Despite receiving notice opposite party did not turn up so the proceeding runs ex-parte against him.

       Ex - parte   Argument as advanced by the complainant heard in full.

        Heard the Ld. Advocates on behalf of the complainant and perused the case record and documents. 

           From the materials on record it is transparent that the Complainant being beneficiary is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein being the wife of deceased customer of Opposite Party who took personal loan from the opposite party, is entitled to get service from the opposite party.

           Both the complainant and opposite party are residents/carrying on business within the district of Hooghly and cause of action took place at Chandannagar, Hooghly. The complaint valued with cost and compensation ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial / pecuniary jurisdiction to entertain and try the case.

            After perusing the Complaint Petition, Evidence on Affidavit and also the documents as filed by this complainant and hearing the arguments as advanced by the complainant it appears that the husband of the complainant took personal loan from the opposite party and died intestate on 21.06.2003 leaving behind her as his only legal heiress. She came to know after getting summons from the Lok Adalat regarding the personal loan and appeared before the Lok Adalat at Chandannagore wherein a consent order was passed for payment of Rs.73,000/- in phases against total recoverable dues of Rs.1,20,653/-. The complainant paid the decreed amount of Rs.73,000/- within the specified time to the opposite party and asked to issue no due certificate on 25.9.2006. Inspite of several reminders the opposite party did not issue no due certificate. On 7^th March, 2019 one representative of the opposite party approached the complainant in her new residence to repay the outstanding dues in her loan account. But the complainant did not show the no due certificate as enquired by the representative as it is not issued to her. Later on the complainant sent her representative to the opposite party and submitted all the papers/ documents in respect of payment of Rs.73,000/-. Then the opposite party assured her representative that no due certificate will be issued after the account is closed at their end. Also a mail was sent to the opposite party on 9.3.2019 stating the discussions held in the meeting of her representative with the opposite party on 7.3.2019 and also requested to issue no due certificate forthwith. Then the complainant requested the customer care services of the opposite party for issuance of no due certificate but of no result. Complainant assailed that her prestige as the occupants of her old house where she along with her husband was residing understood that her late husband was a defaulter of bank loan inspite of the fact that no loan was outstanding in his name that the aforesaid amounts took deficiency in service and unfair trade practice so she is entitled to a compensation of Rs. 5,00,00/- against the opposite party.

          The complainant filed the bank account details in firisti which transpires that the complainant repaid the decreetal amount to the opposite party bank. Inspite of receiving the decretal amount as settled by the Hon’ble Lok Adalat, Chandannagore the opposite party bank failed to issue the no due certificate to its consumer which tantamount to deficiency of service as envisaged in the Consumer Protection Act, 1986. After receiving the notice from this Forum the opposite party did not appear and also failed to file written version. The complaint petition is being unchallenged. The payment details shows that the complainant repaid the decreetal amount in respect of term loan lies before the opposite party bank on 05.10.2006 but till date the opposite party failed to issue no due certificate to its consumer for which the complainant compelled to approach before this Forum for getting the no due certificate and reliefs as prayed in the prayer portion of the complaint petition.. It is transparent that the opposite party after receiving the decreetal amount demanded further to this complainant for which the complainant felt that her prestige in the society has been hampered at the act of the opposite party. The complainant sent mails dated Mar.9,2019, March16,2019 & March 21, 2019 to the opposite party and the customer care of the bank but her utterance became futile. So the complainant became the legal heir of the deceased loan holder filed the instant complaint before this Forum praying directions/reliefs as incorporated in the prayer portion of the complaint petition.

     After a careful consideration this Forum/Commission is in the opinion that the allegation leveled against the opposite party has sufficient force as such the complaint petition is deserved to be allowed with cost & compensation.

    Upon perusing the case the decision and hearing the Ld. Advocate this Forum is in the opinion that the complainant case is rightly filed before this Forum under the section of Consumer Protection Act, 1986 as the section 3 of the act clearly mentioned that the provisions of this act shall be in addition to and not in derogation of the provisions of any other Law for the time being in force. The complainant proved her case by adducing evidence and the opposite party is deficient in providing service to this complainant and the opposite party is in the charge of unfair trade practice. So the complaint petition is deserved to be allowed with cost and compensation.  As such the complainant is entitled to get the no due certificate and other reliefs as stated in the ordering portion from the opposite party within a period of 45 days from the date of passing this order.

  The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant has abled to prove her case. As such the Opposite Party is liable to pay compensation to this Complainant as we deem fit and proper.

As it is already proved in the discussion, the deficiency in service and unfair trade practice adopted by the Opposite Party cannot be ousted and as such the Complainant is entitled to get relief(s).

       Hence it is ordered that the complaint case being no.CC 178/2019 be and the same is allowed ex-parte against the Opposite Party with a litigation cost of Rs.8,000/- to be paid by the opposite party to this complainant within 45 days from the date of passing final order.

       The Opposite party is hereby directed to pay the no due certificate in respect of  Personal Loan account in the name of deceased Debisankar Banerjee and compensation of Rs.20,000/- for mental pain & agony to this complainant within 45 days from the date of passing this  final order.

       At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

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