The instant case was instituted on the basis of a petition under Section 12 of Consumer Protection Act, 1986 filed by one Md. Nabauddin, Son of Late Tufanu Mohammad, resident of Surun, P.O.- Paraharipur, P.S- Itahar Dist.- Uttar Dinajpur which was registered as Consumer Case No. 50/18 in this Forum.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant (Md. Nabauddin) is a consumer of O.P.No-1 that is United Bank of India of Itahar Branch having an account No-1134306600032 and the complainant is a permanent resident of Itahar within the jurisdiction of this forum.

The complainant took a loan from the O.P.No-1 but the complainant failed to pay the total loan amount within the stipulated period for which the O.P.No-1 in order to settle the matter filed a pre litigation case No-1268/2016 and served a notice to the complainant and appeared before the DLSA, Uttar Dinajpur at Raiganj. On that day( 12/03/2016)the National Lok Adalat was held. The complainant received the notice and appeared before the monthly National Lok Adalat of DLSA at Raiganj. On 12/03/2016 at that time the O.P.No-1 was also present and the pre litigation case No-1268/16 was settled before the Lok Adalat.

In which the monthly Lok Adalat passed an order to the effect that both the parties have agreed to settle the matter amicably and voluntarily on payment of Rs.7000/-(Seven thousand) to be paid by the borrower to the bank and paid Rs.1000/-(One thousand) on spot, the rest amount of Rs.6000/-(Six thousand) will be paid by April 2016.

As per order of monthly Lok Adalat the complainant paid Rs.4000/-(Four thousand) on 30/04/2016 at the office of O.P.No-1 and thereafter on 07/06/2016 deposited of Rs.2000/-(Two thousand only) to the office of O.P.No-1. But due to the financial crisis the complainant failed to pay the money within the time fixed by the monthly National Lok Adalat. But actually the complainant paid Rs.7000/-(Seven thousand).

On 12/07/2018 the complainant received a notice from DLSA Uttar Dinajpur at Raiganj in connection with pre litigation case No- 3397 and directed to the complainant to appear on 14/07/2018 at 10.30 am before the DLSA at Raiganj, Uttar Dinajpur.

After receiving the said notice the complainant appeared before the DLSA at Raiganj on 14/07/2018 and produced the all deposited receipts and prays before the DLSA Uttar Dinajpur at Raiganj. The complainant already paid the demanding amount as per order of Lok Adalat held on 12/03/2016. But only for harassment on the part of O.P.No-1 was sent this notice in the pre litigation case No-3397 held on 14/07/2018 and that pre litigation case was not settled before the Lok Adalat on 14/07/2018.

The complainant paid the entire loan amount as per order of monthly National Lok Adalat and no amount is due. The complainant prays for issuing a direction upon the O.P for issuing a loan clearance certificate and compensation of Rs.50,000/-(Fifty thousand).

The petition has been contested by the O.P.No-1 & 3 by filing the W.V denying all the material allegations as labeled against the O.Ps contending inter alia that the instant case is not maintainable and the case is also barred by law of limitation.

The definite defence case is that the complainant did not pay the amount within the time as specifically mentioned by the order of the Lok Adalat held on 14/07/2018. As such the total outstanding loan is Rs.41,701/- (Principal amount of Rs.15,000/-+ interest Rs.26,701/-.

The further defence case is that the complainant failed to abide by the terms and conditions of one time settlement in discharged of his liability, so his loan amount has not been cleared. As such the Bank authority did not issue any loan clearance certificate. So, considering such facts and circumstances the instant case is liable to be dismissed.

 In order to prove the case the complainant Md. Nabauddin was himself examined as PW1 and he was cross examined in the form of questionnaires. On the other hand Shri. Satyen Misra was examined as OPW 1 and he was also cross examined.

Now the point for determination as to whether the complainant is entitled to get any relief from this forum or not?

             D E C I S I O N  W I T H  R E A S O N S:

There is no dispute that the Pre litigation Case No-1268/16 was settled before the National Lok Adalat on 12/03/2016 held at DLSA at Raiganj. As per order of the Lok Adalat the case was settled at Rs.7000/-(Seven thousand) and on the spot Rs.1000/-(One thousand) was paid and Rs.6000/-(Six thousand) will be paid by April 2016. This order was passed on the basis of a consent of the both sides that is the bank settled the matter as one time settlement. But the main dispute arose that the complainant did not comply with the order as the complainant did not pay the amount of Rs.6000/-(six thousand) by April 2016. On 30/04/2016 the complainant paid Rs.4000/-(four thousand) and Rs.2000/-(Two thousand) was paid on 07/06/2016 that is Rs.2000/-(Two thousand) was paid after the time fixed by the Lok Adalat. So, definitely it was a gross violence of the order of the Lok Adalat. The Ld. Lawyer of the complainant argued that during the financial crisis the complainant (Md. Nabauddin) did not pay the amount within the time but this forum has nothing to do with the order of the Lok Adalat. The complainant should have move before the Lok Adalat for extension of time. Moreover, against the order of the Lok Adalat no appeal/ revision is maintainable, so this forum had nothing to do with the order of the Lok Adalat. As the complainant did not pay the amount so the account has been became a NPA as such the O.P/ Bank did not issue the loan clearance certificate. On perusal of the record it is found that the outstanding loan is Rs.41,701/-(Forty one thousand seven hundred and one) principal amount of Rs.15000/-+ interest Rs.26701/-. As the complainant pay the amount of Rs.7000/-(Seven thousand) as per verdict of the Lok Adalat but not paid the amount of Rs.2000/- within the stipulated time as fixed by the Lok Adalat. So the complainant had the intention to carry out the order of Lok Adalat and the intention was very much affirmative to give respect the order of Lok Adalat as well as to clear the bank dues also.

 So the bank Authority is requested to look into the matter.  As the complainant is being suffered so the Bank Authority should think the matter sympathetically. But this Forum has nothing to do as the complainant has violated the order of the Lok Adalat as such the instant case is liable to be dismissed.

C.F. paid is correct,

Hence, it is,

                               O R D E R E D:

 That the complainant case being No. CC-50/18 be and the   same is dismissed but without any cost.

Let a copy of this order be sent to the Bank Manager of United bank of India of Itahar Branch for consideration.

Let a copy of this order be given to the parties free of cost on proper application.