In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 344 / 2009.
1) Sri Debojit Dutta,
Flat No. 203, Madhumita Apartment,
36B, Selimpur Lane, Kolkata-700031. ---------- Complainant
---Versus---
1) The Manager, Royal Bank of Scotland,
7, Camac Street, Kolkata-700017.
2) The Manager(Operation), ABN-AMRO Bank, Credit Card Division,
B-148, Sector-10, Noida, Pin-201301. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 2 3 Dated 1 0 / 0 2 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Shri Debojit Dutta against the o.p. Royal Bank of Scotland and others. The case of the complainant in short is that complainant took initially a credit card no.5415382327460036 which was replaced by a credit card of ‘Titanium’ class being no.5239504003230557 from o.p. no.2. Suddenly complainant received a cheque of Rs.49,443.82 in mid Sept. 2007 and as the complainant was to go outside of Kolkata and he deposited the said cheque without going through the detailed in his SB A/C at Allahabad Bank, Gariahat Branch and on his return complainant examined his pass book and noticed that Rs.49,443.82 was credited to his S/B A/C of Allahabad Bank. On inquiry complainant came to know that he was sanctioned a loan of Rs.50,000/- after deduction Rs.556.18 as processing charge from the loan amount. As the complainant did not request for sanction of personal loan any time complainant refunded Rs.49,443.82 by cheque no.614027 dt.26.9.07 drawn on Allahabad Bank, Gariahat Branch and o.p. received the payment of the cheque on 1.10.07. But from October, 2007 complainant was receiving statement month by month showing the loan amount with interest and other charges. This bank authority persuaded complainant for repayment by various means even by sending person in his house as well as over phone. And finding no other complainant has issued lawyer’s notice on 8.7.09 but o.p. did not respond to that. Hence, the instant case.
O.p. had entered its appearance in this case by filing w/v denying all the material allegations labeled against it and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties and evidence and documents in particular and on perusal of the entire materials on record we find that o.p. failed to produce any peace of paper to the effect that complainant opted for a personal loan of Rs.50,000/- and on the contrary o.p. has avered in his petition of complaint that he never opted any personal loan of Rs.50,000/-. That being the position whilst bank sent a cheque to the complainant and the amount of the said cheque was returned by the complainant to o.p. and o.p. received it on 1.10.07 vide annex-1 attached with the petition of complaint. Then it is not understood why the o.p. is sending statement showing personal loan of Rs.50,000/- allegedly taken by complainant and this act on the part of the o.p. is clear deficiency being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to reverse the entire amount claimed in respect of the loan account no.7777 7777 7284 6068 and issue ‘no due certificate’ in respect of loan sanctioned. O.ps. are further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
