The complainant’s case in a brief manner can be reproduced as herein under.
The complainant is a permanent resident of Balagarh within Hooghly District and she is a teacher of Belgachia Prathamic Vidyalaya. The complainant took loan of Rs.4,00,000/- from the O.P. Bank on 12.10.2010. Both parties agreed that loan amount would be liquidated and complainant repaid the loan amount by 60 installments.
As per agreement the complainant started to repay the loan amount. After paying 60 installments the O.P. bank claimed additional installment from the complainant but not discussed the reason of such installments. Finding no other alternative the complainant started to pay additional EMI.
The complainant wanted to meet with the Branch Manager of Paschim Banga Gramin Bank several times but intentionally Branch Manager ignored to meet with the complainant. On 16.08.2016 the complainant sent a legal notice to the O.P. Bank demanding particulars regarding said loan and to return back the additional EMI which has been given by the complainant. But there was no fruitful result.
Finding no other alternative the complainant filed this case before this Forum with a prayer to direct the O.P. to produce total particulars of schedule mentioned loan, to pay compensation of Rs.1,50,000/- and litigation cost of Rs.50,000/-.
Point for decision
- Whether complainant is a consumer or not?
- Whether the complainant is entitled to get any relief or reliefs?
DECISION WITH REASON
All the points are taken up together for easiness of discussion.
The complainant filed affidavit in chief and photocopy of legal notice of her Lawyer. In this case complainant stated that she took loan of Rs.4,00,000/- from the O.P., Paschim Banga Gramin Bank, Inchura Branch, Balagarh, Dist.-Hooghly. The complainant repaid the loan amount by sixty installments. O.P. claimed further EMI of loan amount. The complainant wants to know the particular of loan from the Branch Manager of O.P. Bank but O.P. did not comply the same. The complainant compelled to pay additional EMI to the O.P. Bank. The Ld. Advocate of the complainant sent a legal notice to the O.P. Bank. But O.P. did not comply the same.
Though the O.P. appeared in this case but not filed written version to contest this case nor file any papers or documents.
Complainant’s case goes unchallenged as O.P. Bank did not appear nor produce any relevant papers. No reason to discard case of the complainant and allegation of the complainant. Hence, case succeeds. Complainant is to get all relief. Therefore, it is
Ordered
that the case be and the same is allowed on exparte against the O.P. Bank. The O.P. Bank is directed to return back the additional EMI which has been taken from the complainant. The O.P. Bank is also directed to pay compensation of Rs.50,000/- for mental pain and agony and to pay litigation cost of Rs.20,000/- to the complainant. The above all directions be complied with within 60 days from this date of order, failing which the complainant is at liberty to execute the same through this Forum.
Let the copies of this order be supplied to the parties free of cost.
