In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.  237 / 2010.

1)                   Pranab Kumar Singh,

            48, Dobson Road, Shyma Sadan, Flat no. 607, Golabari, Howrah.                       ---------- Complainant

---Versus---

1)                   The Manager, Development Credit Bank Ltd.,

42/1B, Goriahat Road, 1^st Floor, Kolkata-700029.

2)                   Sanjoy Dutta, Area Collection Manager,

Unsecured Retail Assets-East, Development Credit Bank Ltd.,

42/1B, Goriahat Road, 1^st Floor, Kolkata-700029.

3)                   The Development Credit Bank Ltd.,

            42/1B, Goriahat Road, 1^st Floor, Kolkata-700029.                                     ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   19    Dated  28/05/2012.

            The petition of complaint has been filed by the complainant Pranab Kumar Singh against the o.ps. Development Credit Bank Pvt. Ltd. The case of the complainant in short is that complainant availed of personal loan of Rs.2,91,500/- from o.ps. in the year 2006 in terms of agreement between the parties vide no.07952800052013 dt.30.8.06 and the loan was sanctioned by o.ps. Complainant received Rs.2,84,956/- from o.ps. with 18% interest p.a. over the sanctioned amount of loan and the entire amount would have repaid by way of 36 numbers of equal installments @ Rs.10,538/- per month and complainant went on paying installments from 30.8.06 till 17.6.09 and subsequently the residual amount of Rs.21,076/- for the 35^th and 36^th  monthly installments received by o.ps. through their agent viz. Sintu Dutta by demand draft vide no.781163 dt.16.7.09 of Corporation Bank, Howrah  and on receipt of the demand draft said agent issued DCB being serial no.CO48117 dt.16.7.09 in favour of complainant. Complainant has stated that 35^th and 36^th monthly installments were duly received by the bank on 16.7.09 and on 21.7.09 respectively and complainant received one message in mobile phone that Rs.10,538’/- in respect of the aforesaid loan has not been honoured and was instructed to pay the same at once.  The specific case of the complainant is that he has made full payment of the entire loan amount inclusive of interest by paying all the 36 equal monthly installments and 35^th and 36^th installments were received by the agent of o.ps. and was duly credited as will be reflected from the statement of account sent by o.ps. wherefrom it will reflect that 35^th and 36^th monthly installments were received by the bank on 16.7.09 and despite this position o.ps. went on pressing complainant to pay Rs.10,538/- without hearing the complainant any further. Hence the case.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and ld. lawyer of o.ps. in the course of argument strongly opposed the prayer of the complainant and submitted that the aforesaid sum is still payable by complainant to o.ps. and further submitted for dismissal of the instant case.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. It is a admitted position that complainant took the aforesaid loan payable in 36 monthly equal installments @ Rs.10,538/- per month with 18% interest over the sanctioned amount of loan and it transpires from the record that complainant made full payment of the loan amount together with interest vide annex-P3 of the petition of complaint. So, we hold that complainant has no liability lying with him towards repayment of loan and we find clear deficiency on the part of o.ps. being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against all o.ps. O.ps. are jointly and/or severally directed to return all the post dated cheques lying with their custody to the complainant. O.ps. are further directed to issue ‘no due certificate’ as against loan account no.07952800052013 in favour of complainant. O.ps. are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only. O.ps. are directed to comply with the aforesaid order 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

        _____Sd-_____               ______Sd-______             ______Sd-______

          MEMBER                         MEMBER                       PRESIDENT