DATE OF FILING                    :     07.08.2014.

DATE OF S/R                            :      03.11.2014.

DATE OF FINAL ORDER      :     20.08.2015.  

Sri Mrityunjoy Mondal,

son of late Sufal Ch. Mondal,

village and P.O. North Jhapardaha, P.S. Domjur,

District Howrah. ……………………………………………………… COMPLAINANT.

• Versus   -

1.         The Manager,

M/S. Family Credit Ltd.,

having its head office at Technopolis, 7^th floor,

a wing, Plot no. 4, Block BP, Sector V , Salt Lake,

Kolkata 700 091.

2.         Branch office of Apeejay House,

15, Park Street, Block A, 2^nd  floor,

Kolakta 700016,

and also branch at

118, Raja Dinendra Street, Ultadanga, Main  Road, Ground Floor,

Gouribari, Kolkata 700 004. ………………………………..OPPOSITE PARTIES.

 P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

 Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.      

F  I   N   A    L       O   R   D    E     R

1. This is an application  U/S 12 of the C.P. Act, 1986 filed by the petitioner, Mrityunjoy Mondal, against the o.p., Manager, M/S. Family Credit Ltd., praying  for a direction  upon the o.ps. to withdraw the case filed against the petitioner and to pay him compensation for a sum of Rs. 3 lakhs.

2. The case of the petitioner is that the o.p. is a leading financial service provider and the petitioner took a personal loan of Rs. 58,500/- from the o.ps. on condition that he would repay the loan within 36 monthly installments of Rs. 3,426/- each within 31.3.2011. The agreement for loan was made on 22.5.2008. After payment of 14 installments amounting to Rs 47,964/- the petitioner again paid four installments being Rs. 13,407/- and lastly in December, 2009 he made one time payment of  Rs. 31,000/- and a certificate was issued to him by the o.p. that his loan account stands settled in full and final payment and no further dues  would be payable to Family Credit Ltd. and the o.ps. assured that they would issue N.O.C. The certificate issued by M/s. Family Credit Ltd. in favour of the petitioner is filed and the same  prove the case of the petitioner ex parte as there is mention of full and final settlement of loan by petitioner.  The petitioner also filed one money receipt showing payment of Rs. 31,000/- ( Rupees thirty-one  thousand )  on 16.12.2009 and from the pass book of SBI in the name of the petitioner seen that his loan was paid on 25.6.2008 showing receipt of Rs. 58,500/- as loan amount  by the petitioner and then in 2008, 2009, 2010 & 2011 he made payments by installments and lastly on 16.12.2009 he paid Rs. 31,000/-. All these documents specifically the certificate issued by the o.ps. showing full and final settlement  corroborating and confirming the case of the petitioner proved the same ex parte as all the above oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.  Thus, the claim case succeeds ex parte.

Court fee paid is correct.    

      Hence,

                   O     R     D      E      R      E        D

      That the C. C. Case No. 442  of 2014 ( HDF  442 of 2014 )  be  and the same is allowed ex parte without cost against the o.p. Manager, M/s. Family Credit Ltd.

      The petitioner is entitled to get the relief as prayed for and the o.p. no. 1  is directed not to disturb the petitioner dragging him to legal forum for the loan account which have been fully and finally settled between them and certificate issued to that effect. 

           The o.p. no. 1 is directed  to comply the order within 30 days from the date of this order failing the petitioner  would be at liberty to put the order in execution .  .

                   Supply the copies of the order to the parties, free of costs.

     DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.