West Bengal

Kolkata-I(North)

CC/10/317

Subhadip Mitra - Complainant(s)

Versus

The Manager, Indiabulls Financial Services Limited and another - Opp.Party(s)

13 Mar 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/10/317
 
1. Subhadip Mitra
19/2A, Kalibari Lane, Kolkata-700032.
Kolkata
West Bengal
...........Complainant(s)
Versus
1. The Manager, Indiabulls Financial Services Limited and another
15, Authosh Mukherjee Road, Kolkata-700020.
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
PRESENT:
 
ORDER

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.317/2010   

 

1)                   Subhadip Mitra,

            Anya Purba Co-operative Housing Society Ltd.,

            19/2A, Kalibari Lane, P.S. Jadavpur, Kolkata-32.                                     ---------- Complainant

 

---Versus---

 

1)                   The Manager, Indiabulls Financial Services Ltd.,

15, Asutosh Mukherjee Road,

P.S. Bhowanipur,  Kolkata-20.  

 

2)       Indiabulls Financial Services Ltd.,

Indiabulls House, 599-560, Udyog Vihar,

Phase-VII, Gurgaon-122 022,   Haryana.                                                 ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                                                                

Order No.   25    Dated  13-03-2013.

 

            The case of the complainant in short is that in the month of July 2007 the representative of o.p. no.2 approached the complainant for personal loan and as the complainant was in need of some money, he, accordingly, made an application to the said loan.

            By a letter dt.12.7.07 o.p. no.2 sanctioned his application for loan and disbursed an amount of Rs.26,710/- vide disbursal no.S000199629. The installment amount of the said loan was fixed at Rs.1931/- payable on 1st day of every English calendar month commencing on and from 1.9.07. Total no. of installments to be paid was 36.

            In the month of August, 2008 due to some family problems the complainant was facing difficulty in continuing his loan account and as such, approached o.p. no.1 for settlement of the loan account being no. S000199629. Accordingly, one Goutam Dey (Employee I.D. No.TMI 5729), an agent of o.p. no.2 approached the complainant and offered him a settlement amount of Rs.8000/- only payable in two monthly installments of of Rs.4000/- each. However, the complainant was told that he has to deposit the amount and the ‘no dues certificate’ shall be issued within 15 days from the date of deposit of second installment of the settlement amount.

            Complainant herein deposited Rs.4000/- each in favour of o.p. no.2 on 29.8.08 and 23.9.08, but even after expiry of two months, the complainant have never received any ‘no dues certificate’.  Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their 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.ps. 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 that complainant was sanctioned Rs.26,710/- on 12.7.07 by o.p. no.2 vide disbursal no.S000199629 and installment was fixed Rs.1931/- payable on the 1st day of English Calendar month commencing on 1.9.07 and total installments was fixed at 36.  In the month of Aug, 2008 complainant was facing difficulty to continue his loan and approached o.p. for settlement of the said loan account and o.p. no.2 approached the complainant and offered a settlement amount of Rs.8000/- only payable in two monthly installment of Rs.4000/- each and complainant paid the same on 29.8.08 and 23.9.08, but never received ‘no due certificate’.

            In view of the above findings and on perusal of the entire materials on record we find and hold that o.ps. had sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed not to claim any further as against the loan account of the complainant in question and are further directed to issue ‘no due certificate’ in favour of the complainant and are further directed not to proceed any proceedings u/s 138 N.I. Act against the complainant and are further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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