BARKAT ALI ZAIDI, SAMMA NOOR
Satish Kr. Jain – Appellant
Versus
Citi Bank N. A. – Respondent
Barkat Ali Zaidi, President—The facts of the case are that on 30.5.2005 the complainant had taken a loan of Rs. 3,10,000 from the OP Citi Bank payable in 48 EMIs of each of Rs.9,106. Since the complainant appellant failed to fulfil his promise, the bank reframed the payment plan, according to which the complainant was to pay a sum of Rs. 90,000 in all and in turn the bank promised that post dated EMI cheques, which bank had obtained from him in advance, will not be presented for encashment and no dues certificate would be sent in due course. A cheque of Rs. 80,000, which was issued in favour of the bank towards the re-payment of the loan became dishonoured for the reason that bank encashed one of the EMI cheque of Rs.9,106 due to which funds arranged for encashment of cheque of Rs.80,000 had become insufficient. Subsequently this dispute was settled between the parties and the bank assured the complainant to issue no due certificate with blank security cheques but failed, the complainant, therefore, filed a complaint before the District Consumer Forum with the prayer that OP Bank be directed to issue no due certificate and return blank cheques and pay the compensation of Rs.1,
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