DATE OF FILING : 03-06-2010.
DATE OF FINAL ORDER : 09-03-2011.
Badal Chandra Aich,
son of Late Suryakanta Aich,
residing at Shaktinagar Colony,
4, No. P.O Unsani, P.S Jagacha,
District – Howrah . COMPLAINANT.
Versus -
1. The Manager,
Indian Bulls Financial Services Ltd.,
having its office at India Bulls House
448, 451, Ydyogvihar , Phase – V,
Gurgaon – 122001.
2. Sri Tanmoy Pal,
authorised Signatory of
Indian Bulls Financial Services Ltd.,
having its office at 105/1, Ulttadanga Main Road,
Kolkata – 700 067.
3. Sri Samar Kotal,
authorized agent of Indian Bulls Financial Services Ltd.,
of village and P.O. Rupam Gari, P.S. Bagnan,
District – Howrah. OPPOSITE PARTIES.
P R E S E N T
1. Honble President : Shri J.N. Ray..
2. Honble Member : Dr. Dilip Kr. Chakraborty.
C O U N S E L
Representative for the complainant : Shri Rabindra Nath Pal,
Ld. Advocate.
Representative for the opposite parties
: Shri Paritosh Sinha,
Ld. Advocate.
F I N A L O R D E R
This is an application U/S 12 of the C.P. Act, 1986 filed by Balai Chandra Aich alleging deficiency in service against the O.Ps. Indian Bulls Financial Services Ltd.
The complainants case, in brief, is that he is a consumer under the O.P. and he took loan from the O.Ps. being A/C no. S 0001236 38 and made payment in installments to the O.Ps. by cheque or cash. Thereafter the complainant was not able to make payment to the O.Ps. The O.Ps. Offered the complainant for making final settlement of Rs. 4,000/- in two installments. Accordingly the O.Ps. issued a settlement letter on 27/07/2009. accordingly complainant paid Rs.2,000/- on 31/07/2009 and on 24/08/2009 he further paid Rs.2,000/- to the said O.P.-2 towards full and final payment and as such the O.Ps have no right to claim any further amount towards outstanding loan from the complainant. It is also the case of the complainant that the O.Ps. filed a case U/S 138 of the N. I. Act before the Honble J. M., 1st Class , Spl. Court, Gurgaon demanding Rs.16,231/- for their illegal gain. Moreover, on 01/05/2010 the O.Ps. demanded further an amount of Rs.7,800/- which is also a fake claim for their wrongful gain. Hence, the complainant prayed for a direction upon the O.Ps. to pay Rs.75,000/- for his mental agony, Rs.10,000/- towards compensation, litigation cost of Rs.10,000/- alongwith a prayer to direct the O.Ps. not to disturb his peaceful life.
O.Ps.-1 and 2 contested the case by filing W.V. denying and disputing all the material allegations made out in the P.O.C. assailing the jurisdiction of this Forum to entertain the instant complaint. It has further been stated in the W.V. that the present complainant is not a consumer at all under the contesting O.Ps. as neither they have rendered nor did they promise to render any service to the complainant. It is also stated in the W.V. that in January, 2007 the complainant approached for a loan and accordingly on 29/01/2007 he was granted a loan of Rs.22,000/- under the terms and conditions laid down in the loan agreement bearing No.-S000123638. It was agreed that the loan would be repayable in 30 equated monthly installments at Rs.1,437/- each commencing from 01/04/2007 and the last installment was to be paid on 01/09/2009. It was also agreed that in case of any default in making the payment the agreement would stand terminate ipso facto and the complainant would be liable to pay EMIs with all outstanding dues. It is the case of the O.Ps. that the complainant defaulted in making the payment of 10 nos. of EMI out of 30 EMIs and as on 01/04/22010 an amount of Rs.13,098/- was due and payable by the complainant. It is also stated by the O.Ps. that on 27/07/2009 a settlement letter was issued to the complainant but he failed to make payment in terms of the proposed settlement and as such the said settlement was withdrawn. Therefore, O.Ps. prayed for dismissal of the instant case.
O.P. no. 3 did not appear and file any written version. So the case is heard ex part against the O.P. no. 3.
In view of the pleading of the parties following points arose for determination :
Is there any deficiency in service on the part of the o.ps.
Is the complainant entitled to get an order in terms of Section 14 of the C.P. Act, 1986
DECISION WITH REASONS :
Both the points are taken up together for the sake of convenience of discussion and for brevity.
It is admitted fact that complainant has taken loan from O.Ps. and also the complainant has not made full payment as per the agreement. The complainant has paid 20 installments out of 30 installments at the Rs. 1,437/-. It is also admitted fact that O.P. has issued a letter dated 27-07-2009 for final settlement of Rs. 4,000/- in two equal installments. It is also admitted by the O.Ps. that Rs. 4,000/- has been received .
O.Ps. stated that the complainant has not paid the amount in due time so another letter dated 12-05-2010 was issued stating that the complainant has outstanding due of Rs. 13,098/- and they can settle the loan matter if complainant pays Rs. 7,800/- each in two equal installments within 14th May, 2010 and O.Ps. and sent a summon where it is stated that a cheque was dishonoured for Rs. 16,431/- criminal complain no. nil of 2009 before the Court of Judicial Magistrate 1st Class ( Special Court ) District – Gurgaon Hariyana.. O.P.s has also stated that the final settlement of loan dated 27-07-2009 the complainant has not paid in due time. This is not in the purview of this Forum.
But there is no such specified date on that letter to repay the outstanding dues. But the complainant has paid Rs. 4,000/- within two months. Whereas in the second letter dated 12-05-2010 the O.Ps. stated the date of payment within 14th May, 2010. But the O.P. has received Rs. 4,000/- as per letter dated 27-07-2009 on 31/07/2009 and 24/08/2009. The payment made by the complainant of Rs. 4,000/- for final settlement is not denied. But after ten months O.Ps. have sent another letter demanding Rs. 13,098/- which is not a fair claim. Moreover, the summon sent by the O.Ps. stating that cheque was dishonoured for Rs. 16,431/- vide complain no. nil of 2009 without any date which is quite suspicious and malafide intention of the O.Ps.
The complainant has made final settlement by giving Rs. 4,000/- in two installments as per letter dated 27-05-2009 of O.Ps.
In the circumstances we are of the opinion that the O.Ps. have harassed the complainant to make a false claim and defame the position of the complainant in the locality.
In the result the complaint succeeds.
Hence,
O R D E R E D
That the consumer complaint is allowed on contest against the O.Ps. no. 1 and 2 with cost and ex parte against the O.P. no. 3. without cost.
That the O.Ps. no. 1 and 2 are directed to pay Rs. 20,000/- as compensation towards mental agony and harassment and Rs. 5,000/- as litigation cost within one month from the date of this order failing which 8 percent interest per annum will be calculated on the aforesaid amounts till realization of the amount.
That the complaint case is thus disposed of.
Let certified copies of the order be supplied to the parties, free of costs.
