Complaint Case No. 203/2021

Sntish kumar Khatri S/o Late Chandra Bhan Khatri and Smt Nirmila Khatri w/o  Sri satish Kumar Khatri and Anil Khatri S/o Sri satish Kumar Khatri R/o 2/737 champa Bihar near Saket Colony Tehsil Koil Aligarh

V/s

1. Branch Manager, HDFC Ltd. Samad Road, LIC Building Aligarh
2. Collection Manager Present Posting Sudhir Sinha HDFC Home Loan IInd Floor Hindusthan Times House 25 Ashok Marg Lucknow
    

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The ops be directed to pay valuation of the case amounting Rs.700000/   
2.   The Ops be directed to pay the subsidy amount Rs.267000 under the Pradhan Mantri Avas Yojana.
3.  The ops be directed to provide the facility of loan moratorium
4. The ops be directed to change the loan account and to rectify the rate of interest as agreed.  
5. The ops be directed to to pay compensation Rs.200000 and council fee Rs.25000.  

2. Complainant has stated that he had taken home loan amount Rs.738000 from the ops in the year 2015 and thereafter amount of Rs.1500000 was got sanctioned as housing loan. After that complainant took the top loan Rs.1650000. the installment was being deducted from the account no. 616070685. The Central Government had permitted exemption of EMI on home loans during Cowid19 from the 1^st March till 31^st May, 2020 which was extended till August,2020 but the bank provided no exemption. Again exemption for payment of EMI was given from the month April to May,2021 but the complainant was not given exemption in payment of EMI and the rate of interest was also increase. Complainant was deperative from the facility of Cowid19 Morotorium Complainant was also not provided the facility of subsidy amounting Rs.267000 and the application moved by the complainant for subsidy was alleged to be lost. Complainant had requested to transfer his account to Pujab National Bank, Civil Line, Aligarh which was not done. The OP bank has failed to provide the facility of banking loan. Ops denied to pay subsidy of amount Rs.267000 under the Pradhan Mantri Yojana.                 
3. Ops did not contest the case despite of sufficient service.
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the complainant.
6. Although the ops have not contested the case, yet the complainant has to prove its case. Complainant has claimed the facility of Cowid19 moratorium and sought the exemption from payment of installment under the direction of the Central Government. It is settled principle of law that the documentary evidence cannot be substituted by the oral evidence. Complainant has stated about Cowid19 moratorium and direction of the Central Government for exemption in payment of EMIs but no RBI circular have been filed in this regard and therefore the statement made by the complainant in the complaint regarding Cowid19 moratorium and direction of the Central Government cannot be taken into consideration. So far as the facility of the subsidy under the Pradhan Mantri Yojana  is concerned, application form was filled in and no process was commenced in this regard and therefore no relief can be granted.   We are of the view that there is no substance in the complainant and is liable to be dismissed.   

7. We hereby dismissed the complainant.
8. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
9. File be consigned to record room along with a copy of this judgment.