In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 36 / 2011.
1) Smt. Kanika Saha,
56/76, N.S.C. Bose Road, 3rd Floor,
P.O. Regent Park, P.S. Jadavpur, Kolkata-40. ---------- Complainant
---Versus---
1) The Zonal Manager,
Indiabulls Financial Services Ltd.
15, Ashutosh Mukherjee Road,
P.S. Bhowanipore, Kolkataz-20. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 19 Dated 31/12/2012.
The petition of complaint has been filed by the complainant Smt. Kanika Saha against the o.p. The Zonal Manager, Indiabulls Financial Services Ltd. The case of the complainant in short is that complainant applied for a personal loan before o.p. and after verification of documents and other papers o.p. sanctioned a PL + Loan in the name of complainant vide account no.S000218855. Thereafter, complainant paid the settlement amount of Rs.50,000/- to o.p. by way of Demand Drafts vide (i) No.247151 dt.4.1.10 drawn on Allahabad Bank, amount Rs.38,000/- and (ii) No.247121 dt.23.12.09 drawn on Allahabad Bank amount Rs.12,000/- and o.p. received the said two Demand Drafts from complainant through their authorized persons by giving proper receipts.
After such full and final payment complainant severally requested the authorized persons of o.p. to issue ‘No Objection Certificate’ and requested them to return the blank cheques kept as security in connection with the said loan account but o.p. did not pay heed to the request of complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them 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 complainant took personal loan from o.p. vide loan account no.S000218855 and complainant paid the total settlement amount vide two Demand Drafts of Rs.38,000/- and Rs.12,000/- which were duly received by the authorized persons of o.p. vide annex-4 and 5 attached with the petition of complaint and despite full and final payment o.p. has not issued ‘no dues certificate’ in favour of the complainant nor returned the signed blank cheques lying with o.p. as security. Considered the materials on record and we find that o.p. has deficiencies being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. O.p. is directed to issue ‘no dues certificate’ in favour of the complainant and is further directed to return all the signed cheques of the complainant lying with o.p. as security and is directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only to the complainant for harassment and mental agony and is further directed to pay litigation cost of Rs.3000/- (Rupees three thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% 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 free of cost.
