In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   314 / 2004.

1)                   Dr. Ashok Kumar Roy,

Banophool Society, R.C. Thakurani, Kolkata-104.                                                ---------- Complainant

---Versus---

1)                   The Manager, State Bank of India,

Kabardanga Branch, P.S. Thakurpukur, Kolkata-104.

2)                   The Manager, Citibank N.A., Global Customer Bank,

Kanak Building,. 41, Chowringee Road, Kolkata-700071.

3)                   The Manager, Citibank N.A., Global Customer Bank,

P.O. Box 4830, Anna Salai, Chennai-600002.                                          ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.    3 3   Dated  2 9 / 0 2 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Dr. Ashoke Kr. Roy against o.p. banks for relief against recovery of illegal EMI’s.

            The case of the complainant is that on 23.4.01 he took a personal loan (N.F.S. SYN-4160197) of Rs.1 lakh from the Citi Bank N.A. Global Consumer Bank, Kolkata. For the purpose of recovery of the loan the complainant deposited 36 post dated cheque in favour of the above bank (o.p. nos.2 and 3) each of Rs.3666/- and the cheque losses being encashed from his S.B. A/C No. P/2927 (A/C 01190008392) with the SBI, Kabardanga Branch, Kolkata.

            After clearance of 24 cheques the o.p. no.2 suddenly o.p. no.2 returned 12 cheques to the complainant without his consent began to deduct the balance monthly instalments of loan from his savings bank account with o.p. no.1, through ECS without any knowledge of the complainant.

            When the complainant came to know about such practice he kept his S.B. A/C with o.p. no.1 with minimum balance. But still the bank charged find several times. In spite of receiving letter dt.20.7.04 written to both the o.ps. amount for three more instalments amounting to Rs.10,695/- were transmitted through ECS and o.p. nos.1 and 2 subsequently charged Rs.50/- two times for non-availability of fund even aft4er closing of the loan account as reported by o.p. no.3 through their letter dt.7.7.04. Correspondence after correspondence was made by complainant for recovery of the excess amount realized but in vain. Hence the case.

            O.p. no.1 had entered its appearance in this case by filing w/v and prayed for dismissal of the case. O.p. nos.2 and 3 did not file w/v and all fairness actually the matter is heard ex parte as against o.p. nos.2 and 3.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. Record shows that complainant took a loan of Rs.1 lakh from o.p. nos.2 and 3 and deposited 36 post dated cheques with the said bank payable through his S.B. account should be lying with SBI, o.p. no.1 and after extortion of 24 cheques towards payment of EMI in the above mode 12 unused cheques were returned to complainant. on perusal of the petition of complaint and the evidence we find that complainant has made out his case and o.ps. are found not proper in their standings as the same has been denied by complainant and it is a specific case of complainant that he did not pray for any second loan and cheque issued by o.p. nos.2 and 3 amounting to Rs.56,000/- was returned by complainant. So, the grant of second loan without consent of complainant cannot be considered as a fair trade practice and this is highly detrimental to the society at large.

            In view of the findings above and on perusal of the entire materials on record we find that o.p. nos.2 and 3 had sufficient deficiency being service provider to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest without cost as against o.p. no.1 and ex parte as against o.p. nos.2 and 3 with cost. O.p. nos.2 and 3 are jointly and severally directed to pay Rs.10,695/- (Rupees ten thousand six hundred ninety five) only including of penalty of Rs.100/- imposed by o.p. nos.2 and 3 to the complainant and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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-_________

     MEMBER                                                           PRESIDENT