TUHIN CHOWDHURY Vs. ICICI BANK LTD. AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30.9.2011 in Case No. 07/2011, passed by the learned District Forum, North 24 Parganas, whereby the complaint case has been allowed in part ex -parte against the OPs. Being dissatisfied with the same, the Complainant thereof has preferred this appeal. In a nutshell, case of the Complainant is that he took an easy loan for a sum of Rs. 62,000 from the OP, which was required to be liquidated in 36 installments @ Rs. 2,109.72 w.e.f. 28.4.2005 and the last installment fallen due on 28.3.2008. Since the date of sanction of said loan, the Complainant repeatedly requested the OP to supply copies of relevant documents containing terms and conditions of said loan, but to no avail.

(2.) He repaid the entire loan on a regular basis, sometimes through cheques and sometimes in cash. The bank used to issue credit card statements from time -to -time wherein the Complainant noticed several anomalies. When he took up the matter with the bank officials, they asked him not to bother about the same and instead keep paying on EMIs as per schedule. On the basis of such assurance, he kept on paying EMIs on a regular basis. However, on going through his credit card statement for the month of September, 2009, the Complainant noticed that the OP demanded a sum of Rs. 15,280.96 from him. When he got in touch with the OP, they failed to give any satisfactory reply in this regard. Thereafter, the OP, without giving any notice to him, deducted the said amount from his savings account on 4.9.2008. The Complainant though wrote a letter to the OP No. 2 on 9.9.2008 seeking clarification as to such arbitrary deduction, but the OP Nos. 1 and 2 did not bother to responded to it.

(3.) LEARNED Advocate for the Appellant has submitted that he took a loan of Rs. 62,000 from the OP No. 2 in his status as a medical representative, which was supposed to be repaid in 36 EMIs along with interest @ 7.5%. Accordingly, he repaid EMIs on a regular basis, yet a sum of Rs. 15,280.96 was deducted from his SB Account No. 003401514987 on 4.9.2008. The Appellant though wrote a letter to the Respondents in this regard, the latter did not respond to his said letter. Out of disgust, he decided to transfer his loan account to SBI for which, he sought for a NoC from the Respondents. On the other hand, he noticed from the photocopy of Deed of Sale that the same got badly damaged in the custody of the Respondents. In such circumstances, he approached the learned District Forum for relief in the form of passing necessary order to get back the unused cheques, Deed of Sale, No Objection Certificate and Rs. 15,280.96 together with other relief. However, the learned District Forum merely directed the Respondents to issue the No Objection Certificate and pay a litigation cost of Rs. 1,000 to the Appellant totally ignoring his other legitimate claims which has caused extreme prejudice to him. Being aggrieved, this appeal has been preferred by the Complainant.