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2024 Supreme(Online)(NCDRC) 618

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

CONSUMER CASE NO. 224 OF 2013

1. OZA SANDEEP JAYANTILAL,

Prop, M/s Sidhi Vinayak Furnishing, Saidarshan, Western Express Highway, Ganesh Nagar, Near All Seasons Hotel, Borivali,

MUMBAI - 400066.

...........Complainant(s)

Versus

1. R.S. CO-OPERATIVE BANK LTD.,

193/105, Swapnasiddhi, Akurli Road, Near Railway Station, Kandivali (West),

MUMBAI - 400101.

...........Opp.Party(s)

BEFORE:

&nbsp

HON'BLE MR. JUSTICE A. P. SAHI,PRESIDENT

FOR THE COMPLAINANT :

MR. KAUSTAV PAUL. SR. ADVOCATE

MR. SARAD KUMAR SINGHANIA, ADVOCATE

MS. RASHMI SINGHANIA, ADVOCATE

MR. KSHITISH BIKARMIA, ADVOCATE

FOR THE OPP. PARTY :

MR. PRASHANT VASUDEO MALIK, ADVOCATE

Dated : 29 April 2024

Advocates:
For the Petitioner: MR. SARAD SINGHANIA,
For the Respondent: MR. PRASHANT V. MALIK

ORDER

"8.  Security of hypothecated stock to the Bank will have to be insured against all comprehensive risks at your cost. The Insurance policy will have Banks’ interest noted. The policy is to be kept in force during the continuance of Banks’ loan at your cost. In case you fail to renew the policy, the Bank will renew the same to the debit of your account."

"RSCB/2012-13/CC-56/757                                                                                           10th July 2012

M/s SIDDHIVINAYAK FURNISHING

Prop: Mr. Oza Sandeep J

Sai Darshan compound, W.E.Highway,

Ganesh Nagar, Nr.Ali Season Hotel,

Borivali (East.), Mumbai-400066.

 

Dear Sir,

Requirement of Renewal of Cash Credit Limit

You have availed a Cash Credit Limit of Rs.40,00,000/- from our Bank which will expire on 10/08/2012. As per terms of sanction the entire outstanding balance is to be adjusted on or before the expiry of limit or to be brought to credit balance. However, if you desire to renew and continue the limit, you are requested to please submit the following papers/documents of above said limit to enable us to consider the renewal of limit.

Kindly note that your Cash Credit Limit account would be discontinued in case if you fail to renew the limit. To avoid such unpleasant situation this notice is sent to you in advance, which please not. We are sure that you would cooperate with us and submit renewal application immediately along with financial papers as mentioned above.

Please treat the matter as urgent

Thanking you,

Yours Faithfully,

Sd/-

Manager”

"RSCB/2012-13/CC-56/757                                                                                           10th Oct 2012

M/s SIDDHIVINAYAK FURNISHING

Prop: Mr. Oza Sandeep J

Sai Darshan Comp,

Ganesh Nagar, Nr. Ali Season Hotel,

Borivali (East.), Mumbai-400066.

 

Dear Sir,

Sub : Your Cash Credit account no-126-84

We have renewed limit on the basis of assurance given by you.

You have promised to complete the formalities by 1st week of October 2012 but till today you have not complied with the same.

 

We once again bring to your notice that unless you complete all required formalities for renewal of the limit within seven (7) days of receipt of this letter, the facility given to your will be reviewed for further appropriate action.

We are confidant you will not give us chance to do so and complete the required paper submission along with guarantors details as assured by you.

Expecting immediate action.

Yours faithfully,

Sd/-

Manager”

 

"27/10/2012

To,

The Manager

The R S Co-operative Bank Ltd.,

Borivali (East), Branch.

 

Dear Sir,

Sub : My Over draft limit

 

I have received your letter asking me to complete submission of papers for renewal of limit and details of guarantors. I have promised to submit this and on the basis of whichyou have agreed to renew the facility and help me.

Till date I have not submitted the details and request you to give me further time of 3 to 4 weeks with in which I will try to complete submission of all the required details.

I am aware that due to non-submission of required paper you will charge me additional interest as per banks terms.

I will complete all the formalities first and then only will request you to give me concession in interest charge.

I will co-operate with you in submission of all the papers. Kindly give me the above requested time.

Thanking you,

Yours faithfully,

For SIDDHIVINAYAK FURNISHING

Sd/-

Proprietor ”

 

"7th Nov 2012

To,

The Manager

The R S Co-operative Bank Ltd.,

Borivali (East), Branch.

Mumbai

Kind Attn: Dinesh Prabhu

Dear Sir,

Sub: Renewal of my Cash Credit Account No.126-84

M/s Siddhivinayak Furnishing and formalities for renewal of the same

 

 

I the undersigned Mr.Sandeep Oza, Proprietor of M/s.Siddhivinayak Furnishing is enjoying Cash Credit limit of Rs.40.00 lacs against hypothecation of Stocks in trade as well as my book-debts not exceeding 90 days.

 

I had applied for renewal of limits on Dt.10/10/2012 this was to be considered by your Board of Directors. In the said application I had requested

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