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:-