Date of Filing : 14.02.2011
Date of Order : 30.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 30th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 303/2011
Sri.V.Basavaraj Wodiyar, S/o.K.N.Veerappa
Siddamma Nilaya, Dasappanan Palaya,
Chikkabanavara, Hesaraghatta Main Road,
Bangalore 560 090
(In person) ……. Complainant
V/s.
1. The Manager, ICICI bank Ltd.,
Regional Partition-RAOG,
“Karumathu Nilayam”,
192, Anna Salai, Chennai 600 002.
2. The Manager, ICICI Bank Ltd.,
P.O.Box No.10099,
G.P.O. Mumbai 400 001.
3. The Manager, ICICI Bank Ltd.,
Bommanahalli, Electronic City,
Bangalore 560 068.
(By Advocate M/s J.S.Advocates & Legal Consultants) ….Opposite Parties
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that led to be filing of the complaint under section 12 of the Consumer Protection Act Seeking direction to issue No-objection certificate are necessary:
1. On the approach of the OP, the complainant obtained a personal loan of Rs.96,000/- from them on 05.09.2011 which has to be repaid on EMI of Rs.3,716/- for 36 months. The complainant has paid Rs.1,31,036/- as on 29.04.2010. Even then the agents of the OPs are demanding money. The complainant paid Rs.8,716/- on 10.02.2011 they are demanding another sum of Rs.50,000/- hence the complaint.
2. In brief the version of the OP are:
The complainant approached and obtained personal loan of Rs.96000/- from the OP which has to be paid in 36 EMI. He is still due Rs.54,738/- as on 19.04.2011, without paying that he has asked NOC.
3. To substantiate their respective cases the parties have filed their respective affidavits, As none addressed the arguments perused the records.
4. The points that arise for our consideration are
A) Whether there is deficiency in service ?
B) What order ?
5. Our answers are:
A) Negative
B) As per the detailed order for the following
REASONS
6. Reading the pleadings in conjunction with the affidavits and documents on record it is an admitted fact that the complainant had obtained a personal loan of Rs.96000/- from the OP and he has to repay it on EMI of Rs.3716/- commencing from 05.09.2007 to 05.08.2010. The OP has stated that the complainant is still due, as per their books of accounts a sum of Rs.54,738/-. Without that payment, how can the complainant claim that he is entitled to NOC. The complainant has not produced any receipts to show when he has paid this amount? on what day what amount etc., no receipts have been produced.
7. The complainant has simply filed a statement which reads thus:
Even if this is taken as true, even then the complainant has not paid as per the schedule. He has paid lately, belatedly and he has paid 29 installments. Hence the OP has chassed late fee, penal interest and other charges. Hence there is no deficiency in service
8. The complainant is working as educational co-coordinator, government servant, earning a low salary. Hence the OP may consider the payment made by the complainant and think of giving one time settlement reducing the claim made by them and receiving nominal amount from the complainant and issuing NOC for that this order will not come in the way. Hence we hold the above points and pass the following
ORDER
1. Complaint is disposed off.
2. OP is directed to consider the case of the complainant for one time settlement in the matter and disposed off as expeditiously as possible as well within 45 days from the date of this order.
3. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
4. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 30th day of November 2011.
MEMBER PRESIDENT
