West Bengal

Kolkata-I(North)

CC/67/2020

Shri Debasis Maitra and another - Complainant(s)

Versus

The Branch Manager, ICICI Home Finance Co. Ltd. and 2 others - Opp.Party(s)

19 Mar 2020

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/67/2020
( Date of Filing : 27 Feb 2020 )
 
1. Shri Debasis Maitra and another
S/o Late Sushil Kumar Maitra, 52, Kabi Mukunda Das Road, P.O. - Rabindranagar, P.S. - Dum Dum, Kolkata - 700065.
2. Smt. Santwana Maitra
W/o Shri Debasis Maitra, 52, Kabi Mukunda Das Road, P.O. - Rabindranagar, P.S. - Dum Dum, Kolkata - 700065.
...........Complainant(s)
Versus
1. The Branch Manager, ICICI Home Finance Co. Ltd. and 2 others
ICICI Bank, 22, R. N. Mukherjee Road, P.S. - Hare Street, Kolkata - 700001.
2. The Senior Bank Manager, ICICI Bank
Wealth Branch (ICICI Home Finance Co. Ltd.), Church Lane, Oswal Chamber, Near Strand Road, P.S. - Hare Street, Kolkata - 700001.
3. The Director and CEO, The ICICI Home Finance Co. Ltd.
ICICI, Bank Service, ICICI Towers, Bandra Kurla Complex, P.S. - Bandra, Mumbai - 400051.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Mar 2020
Final Order / Judgement

Order No. 3  dt. 19/03/2019

                Ld. Lawyer for the complainant is present and submits that the complainant took loan from the o.p bank. to the tune of Rs.3.0 Lakh and in respect of the payment of the amount the o.p. has charged Rs.6.0 Lakh up to the month of November,2019. The complainant sought for clarification regarding the claim made by the o.p. bank towards due amount as claimed by the o.p. The complainant on the basis of the said fact filed this case making allegation against the o.p. and also prayed for compensation of Rs.8.0 Lakh for deficiency in service.

                On perusal of the record we find that the complainant has claimed that there was fixed rate of interest towards the loan obtained by the complainant but the documents filed by the complainant categorically stated that the rate of interest charged on the complainant was floating. The complainant was informed by the bank vide letter dated 8th January,2019 regarding the  revision of rate of interest in respect of the Loan Account LBCALXXXX4051, whereby it was categorically stated that the o.p. bank provided floating rate of interest charged and it was mentioned that it was increased by 0.10% per annum with effect from 21st November,2018 and it was categorically stated that the rate of interest of the said loan has been revised to 15.20% per annum. The complainant was also given an opportunity to avail the effect of bank market rate revision on the EMI amount then the borrower was requested to visit the nearest ICICI bank Asset Serving Branch within 30 days from the date of receipt of this letter. The complainant also filed another document wherefrom it appears that the complainant was provided an option to switch from existing system of prime lending rate to 1-MCLR-1Y system without changing effective rate of interest. The complainant did not response to such intimation provided by the bank. Whenever the bank has claimed the amount by sending an intimation to the complainant dated 27th November,2019 demanding outstanding amount and also gave a Statement of Accounts, whereby the floating rate of interest was mentioned, the complainant rushed to this Forum making false allegation against the bank that the bank has charged exorbitant rate of interest. The case filed by the complainant is a manufactured one thereby we hold that there is no prima facie case to issue notice against the o.p. bank. Accordingly, it is hereby held that the case filed by the complainant is not maintainable and dismissed in limini.  

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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