Ld. Advocate(s)

                   For Complainant: Sudipa  Mukherjee

                   For OP/OPs : Pitha Mondal

Date of filing of the case     :21.11.2022

Date of Disposal  of the case :04.05.2023

Final Order / Judgment dtd.04.05.2023

Complainant above name filed present complainant against the aforesaid Ops u/s 35 Consumer Protection Act 2019 praying for necessary order.

 He alleged in the petition of complaint that on 02.01.2009 he took loan of Rs. 39,595/- and as per terms of the loan same will be repaid by 36 monthly EMI @ Rs. 2,330/- and account No. of the loan was 273738.  After disbursement of the aforesaid loan Family Credit Limited Company was closed. After few years Kotak Mahindra Bank Ltd i.e OP no. 1 informed the complainant over phone that Family Credit Company Limited has been merged with Kotak Mahindra Bank. They were asked the complainant to pay Rs. 1,65,671/-.

Complainant  expressed his  inability then the OP no. 1 asked him to settled the  loan amount with  Rs.23,301/- vide reference  no. KMBI2020-21393280 dtd. 17.10.2020.

 On 16.12.2020 complainant went before OP no. 1 and paid Rs. 23,301/- through cheque vide reference no. DB161694508119719313.

After receipt of the aforesaid account they did not issue any no objection  certificate. Complainant requested on several occasions  but they misbehaved with him. Thereafter OP no. 1 again claimed Rs. 30,000/- from the complainant.

 OP no. 1 told that if complainant pay Rs.30,000/- then they will issue   no dues certificate.

On perusal of record we find that notices were served upon OP no. 1 and 2 on 23.11.2023 but OP no. 1 and 2 appeared  in this  record and filed a petition dtd. 28.12.2022.

Said petition has disposed on 22.02.2023.  Thereafter, as OP  no. 1 and 2  not yet appeared in this record till 23.03.2023.

 Case is proceeded ex-parte against them.

 Complainant filed affidavit-in-chief  and also filed BNA.

Decision with Reasons

 We have carefully gone through the petition of complaint affidavit in chief filed by the complainant and documents on record.

 On perusal  of the documents issued by OP no. 1  we find that total loan amount has been settled with Rs. 23,301/-.

 On perusal of document issued OP no. 1 dtd. 16.12.2020 we find that Rs. 23,301/- has been collected from the complainant and receipt has been issued in his favour.

 On perusal of other documents we find that OP no. 1 subsequently claimed Rs.  30,000/- from the complainant.

It is settled  principle of law that once loan amount will be settled between parties  then both parties have to  obey  the same and  no one is authorised to do any act  against the aforesaid settlement.

 Even the authority who gave loan again cannot claim any amount subsequently.

 In the present case we find that OP no. 1 settled the loan that the complainant with the  amount Rs. 23,301/- and receipt  has been  issued  said amount has been  accepted.

 But he subsequently, claimed  further  amount of Rs. 30,000/- from the complainant.

In view of the aforesaid discussion we are  in the firmed view that  as OP no. 1 accepted  the settlement  so  he is not entitled to claim  any   further amount from the complainant.

 Having regard to the aforesaid discussion we are of the firm view that OP no. 1 is not authorised to claim any amount from the complainant.

In the result present case succeeds.

Hence,

It is

                                                Ordered

that the present case be and the same is allowed ex-parte  against OP no.1   with cost of Rs.3,000/-(Rupees three thousand) to be paid by OP No. 1  in favour of the complainant and the case  be and the same  is dismissed ex-parte against OP no. 2.

OP No.1 is not authorised to claim of Rs. 30,000/- from the complainant as per his claim.

 OP no. 1 further directed to pay Rs. 15,000/- in favour of the complainant as compensation for his harassment, mental pain and agony within  one month from this date failing which aforesaid amount  shall carry interest @ 9% per annum from this date to till the  date of actual payment.

 OP no. 1 is directed to comply this order within one month failing which complaint shall  have  liberty put  this order into execution.

 Let a copy of this final order be supplied to the parties as free of costs.

Dictated & corrected by me

              ............................................

                     PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                 PRESIDENT

                                                                                     (Shri   DAMAN PROSAD BISWAS,)       

            I  concur,

             ........................................                                                

                       MEMBER                                                                  

 (NIROD  BARAN   ROY  CHOWDHURY)