In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  288 / 2008.

1)                   Sri Dinanath Parui,

410, A.C. Nath Street, Jogipara, Ichapore, 24 Pgs(N).                             ---------- Complainant

---Versus---

1)                   The Manager, Personal Deptt., Citi Bank N.A.,

41, Jaharlal Nehru Road, Kolkata-700071.                                               ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,MEMBER

                        Smt. Sharmi Basu ,MEMBER

Order No.   33    Dated  20/04/2012.

The petition of the complaint has been filed by the complainant Sri Dinanath Parui against the o.p. Citi Bank N.A. The case of the complainant in short is that complainant took loan from o.p. bank of Rs.80,000/- in 2001 and complainant was given liberty to enhance the loan amount by way of Top up facility, thereafter EMI amount was fixed at Rs.4094/- p.m. and EMI was not calculated as per rate of interest and banking rules and complainant pointed out the same to o.p. and demanded all relating documents in connection with the said loan facilities before the authority of o.p. but they did not pay heed to that. Further case of the complainant is that complainant wrote letter through advocate on 14.01.08 for enhancement of time to pay the amount of loan and subsequently o.p. settled the matter on condition to fix the EMI of Rs.6045/- instead of Rs.7094/- and o.p. collected some post dated a/c payee cheques from the complainant. but authority of o.p. bank did not execute any compromise agreement and to receive the amount of EMI as mentioned above from the complainant in respect of the loan amount and on 30.6.08 complainant received a letter from o.p. as against loan a/c no.LTTK 044789694, cover ID no.358841 and on perusal of the same o.p. got surprised to note that the loan facility was closed by o.p. bank, though the loan agreement in respect of above account was executed between the complainant and o.p. Accordingly on 12.6.08 o.p. waived the old EMI of Rs.7094/- in connection with the said loan a/c and new EMI was fixed at Rs.2015/-. It is further case of the complainant that o.p. received money from the complainant of Rs.7015/- by cash on 22.6.08 in connection with the aforesaid loan a/c.

Thereafter, the complainant received statement from o.p. showing payment of loan amount for the period from 30.6.08 to 1.7.13 in respect of the a/c no.LRW-k04-4882041 where the EMI was shown to be fixed Rs.3946/-. It is seen from the complaint that cause of action arose on 22.6.08 when o.p. served money receipt to complainant of Rs.4105/- and executed some papers of new loan agreement and then on 30.6.01 when o.p. served letter about the closer of the said loan a/c and lastly on 3.7.08 when the statement in respect of new loan a/c was served to complainant. Hence the instant case filed by the complainant with the prayer mentioned in the prayer portion of the petition of complaint.

O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:

We have gone through the pleadings of the parties, evidence and documents in particular and we find that it is an admitted position that complainant was granted loan of Rs.80,000/- from the o.p. bank in 2001 with the facility to enhance the loan amount by way of top up facility and EMI was fixed Rs.7094/- and subsequently parties to this case entered into a settlement agreement wherein EMI was fixed at Rs.6045/- in stead of Rs.7094/- and it is seen from the evidence of o.p. tht complainant opted for a loan from o.p. of Rs.80,000/- by loan a/c no.LTTK 044789694 and the said loan was personal loan and the said loan a/c was rewrited with a new loan a/c no.LRW-K04-4882041 on 30.6.08 for Rs.2,16,183.63 for 60 months having EMI of Rs.3946/- and it is further seen from the record that o.p. received Rs.4015/- by cash on 22.6.08 in respect of new a/c no.LTTK 044789694 and that being the position we do not find any earthly reason as to why the loan facility was closed by o.p. bank and this action on the part of o.p. bank amounts to deficiency of service being a service provider to its consumer / complainant within the ambit of C.P. Act and as such, we hold that the complainant is entitled to relief.

Hence, ordered,

That the petition of complaint is allowed on contest against the o.p. in part. O.p. is directed to revive the loan a/c no.LRW-K04-4882041 dt.30.6.08 for Rs.2,16,183.63 which was for 60 months having EMI @ Rs.3946/- and complainant is hereby directed to pay EMI as ordered above. O.p. is further directed to pay compensation of Rs.3000/- (Rupees three thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties

   ____Sd-___                      ______Sd-________         ________Sd-________

     MEMBER                            MEMBER                        PRESIDENT