BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM

DISTRICT FORUM, DELHI SOUTH WEST

LSC SHEIKH SARAI, PHASE II

COMPLAINT NO. OF 2001

IN THE MATTER OF:

Shri Kranti Arora … Complainant

Versus

Citi Bank, Naraina Branch & Ors. … Respondents/

AFFIDAVIT BY WAY OF EVIDENCE ON BEHALF OF THE

I, Kranti Arora son of Shri Om Prakash, aged about 50 years, resident of C-

1/43, Ashok Vihar, Phase-II, Delhi, do hereby solemnly affirm and declare as

under:

1. I say that I am the Complainant in the aforementioned matter and as

such fully conversant with the facts and circumstances of the present

Complaint and can thus depose and swear the present Affidavit.

2. I say that I am a “consumer” within the definition of Consumer as given

in the Consumer Protection Act, 1986 having hired the services of the

Respondents for a consideration which has been paid, the Respondents

providing banking and financing services for a price.

3. I say that while availing the banking and financing services provided by

the Respondents I took a car loan from the Respondents of Rs.1,60,000/-

in February 1999 under a Finance Scheme of the Respondents.

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4. I say that the amount taken on loan was to be repaid by way of EMIs of

Rs.7,949.00/- including interest over a period of two years.

5. I say that Respondent No.1 had authorised Respondent No.2 inter alia,

to carry out the collection of overdue payments etc. either itself or

through any other agency such as S. Sabherwal & Co., Respondent

No.3 herein.

6. I say that accordingly I diligently made payment on time of all the EMIs

due from me towards the repayment of the loan amount to Respondent

No.3 who collected the same on behalf of Respondent No.2 who in turn

passed on the payment to Respondent No.1. A true copy of the Bank

Statement dated 25.4.2000 giving the Statement of the Account No.SB

77003 belonging to me showing that regularly an amount of Rs.7,949.00

was withdrawn from the Account towards the payment of the EMI due

is annexed along with the Complaint as Annexure-I and is marked as

CW-1/1. Further, another Statement of SB Account No.77003 showing

all the entries of payments made to Respondent No.1 towards repayment

of loan taken by me is marked as CW-1/2.

7. I say that in the month of January 2001 I was to leave for the United

Kingdom. Therefore on 10.1.2001 I made payment of the remaining

EMI due from me towards full and final payment of the loan taken by

me from Respondent No.1. On 10.1.2001 I made a payment of

Rs.17,500/- towards the full and final payment of the loan amount. A

true copy of the Customer’s Copy of the Repayment Receipt dated

10.1.2001 issued by the Respondent No.3 on behalf of Respondent No.1

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 to me showing the receipt of the said amount of Rs.17,500/- is annexed

to the Complaint as Annexure-II and marked hereto as CW-1/3.

8. I say that inscribed on the top of the said receipt are the words “full and

final payment of tmy account”.

9. I say that shockingly on 20.2.2001 I received a Telegram from the

Respondent No.2 wherein I was informed that I had failed to make the payment

due from me. Subsequently, I also received several telephone messages from

the Respondents asking me to make the payment. A true copy of the Telegram

received by me from Respondent No.2 on 20.2.2001 is annexed to the

Complaint as Annexure-III and marked hereto as CW-1/4.

8. I say that thereafter I contacted the Respondents a number of times

personally and informed them that full and final payment of the loan amount

and interest thereon and all the EMIs due have already been paid by me on

10.1.2001. I say that never on these personal visits was I informed that I had to

supply any documents to Respondent No.1. In fact, I was always asked to

make the full and final payment of the loan amount which I informed them had

already been paid by me on 10th January, 2001.

9. I say that I also made several requests to the Respondents that NOC be

issued to me as I had made full and final payment towards the loan taken by me.

However such requests till date have fallen on deaf ears and no steps have been

taken by the Respondents to issue the NOC or permanent receipt to me in lieu

of full and final payment of the loan amount already made by me. Moreover,

at no stage was I asked for any documents necessary for issuance of the NOC.

On the other hand, instead of asking me for the documents the Respondents

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insisted that I make full and final payment of the alleged balance amount of

loan.

10. I say that aggrieved by the deficient and faulty services provided by the

Respondents I was constrained to send a legal notice to Respondent No.1 dated

2.4.2001 putting them to Notice to take necessary steps promptly and issue the

required NOC to me and further to enter the payment made by me towards the

full and final payment of the loan amount taken by me against Account No.

AIKI80643917 in their own records and to rectify their own Records in tmy

regard. I say that Respondent No.1 was also put to Notice that failure on their

part to take suitable action promptly would compel me to take recourse to

appropriate legal action before the competent forum. A true copy of the Legal

Notice to Respondent No.1 dated 2.4.2001 is annexed to the Complainant as

Annexure-IV and marked hereto as CW-1/5.

11. Then again much to my shock I again received a letter dated 15.10.2001

from the Respondent wherein I was informed about the alleged dues pending

against my account. A true copy of the Letter dated 15.10.2001 is annexed to

the Complainant as Annexure-V and marked hereto as CW-1/6. I further say

that the said letter was addressed to me only after the filing of my complaint. I

say that even at that stage also the Respondents asked me only for payment of

the alleged balance amount and therefore no occasion arose for me to supply

them with the necessary documents as there would be no need to supply any

documents for issuance of NOC without full repayment of loan amount.

12. I say that in the above facts and circumstances I have suffered and

continue to suffer due to the faulty and deficient services provided by the

Respondents and by the non-issuance of the NOC and permanent receipt to me

4
despite having made full and final payment of the loan amount. Instead I have

received a Telegram asking for payment. I am therefore, being unnecessarily

harassed and this is causing great injury to my social reputation and peace of

mind. This kind of mismanagement is not expected from an Institution of the

stature of the Respondents.

13. I say that though considerable time has since lapsed, the Respondents

have failed to issue the NOC and permanent receipt to me and even failed to

inform me the reasons for not issuing the same.

14. I say that feeling aggrieved by the inaction and unresponsive attitude of

the Respondents and faulty and deficient services rendered to me I was

constrained to file the aforementioned Complaint before this Hon’ble Forum.

15. I say that in the facts and circumstances narrated herein above, there is

a prima facie case in my favour and against the Respondents.

16. I say that in the light of the above position, the relief as prayed for in (a)

to (e) in the Prayer clause of the Complaint deserves to be granted in my favour.

DEPONENT

VERIFICATION:

Verified at New Delhi on this th day of March, 2002 that the contents of my
above Affidavit are true and correct to the best of my knowledge and that
nothing false has been stated therein or material concealed therefrom.

DEPONENT

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 BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
DISTRICT FORUM, DELHI SOUTH WEST

LSC SHEIKH SARAI, PHASE II

COMPLAINT NO. OF 2001

IN THE MATTER OF:

Shri Kranti Arora, … Complainant

Versus

Citi Bank, Naraina Branch, … Respondents/

INDEX

S.NO. PARTICULARS PAGE NO.

1 Affidavit by way of Evidence on behalf of 1–

FILED BY:

INDIAN LAW ASSOCIATES

March 2002