Chandigarh

DF-II

CC/686/2018

Mojahid Mokim Ahmad - Complainant(s)

Versus

DHFL - Opp.Party(s)

Sanket Dhall Adv.

06 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	686 of 2018
Date  of  Institution	:	06.12.2018
Date   of   Decision	:	06.05.2019

 

 

 

 

 

Mojahid Mokim Ahmad, aged 40 years, resident of House/Shop No.263, Phase-II, AKS Colony, Bhabat, Zirakpur, Tehsil Derabassi, District Mohali.        HaryaHarHar      

             …………….Complainant

 

Versus

 

DHFL, SCO No.811-812, Second Floor, Sector 22-A, Chandigarh.   

  ………. Opposite Party

 

 

BEFORE:  MR.RAJAN DEWAN        PRESIDENT

MRS.PRITI MALHOTRA    MEMBER

                    MR.RAVINDER SINGH     MEMBER

           

Argued by :- Sh.Sanket Dhall, Adv. for complainant.

 Sh.Kavish Kumar, Adv. for Opposite Party.

 

 

RAVINDER SINGH, MEMBER

 

                    The case of the complainant is that he applied for a loan of Rs.10,36,548/- from Opposite Party for purchase of a house through its agent Sukhwinder Singh in Aug., 2018, who assured about its approval within 10 days (Ann.C-1). It is averred that the complainant provided all the requisite documents to said agent along with 11 cheques duly signed as security for the loan.  The complainant also paid an amount of Rs.2900/- and Rs.5900/- to Opposite Party as processing fee. It is also averred that the complainant also submitted all the other documents after arranging at the cost of Rs.25,000/-.  It is stated that the Opposite Party before disbursing the loan, also issued one insurance policy in favour of the complainant by charging Rs.16,000/- from his account stating that it is mandatory for them to secure the loan amount.  Thereafter, the Opposite Party deducted the loan installment of Rs.8769/- each from the account of the complainant for the month of September, October & November, 2018 without his consent and when the complainant contacted the Opposite Party and told that no loan has been disbursed and still installments are being deducted from his account, the Opposite Party replied that loan has not been approved to him and he should approach some other company. (Ann.C-2 to C-4).  The complainant as such requested the Opposite Party to refund the amount so charged/deducted from the complainant, but the Opposite Party did not pay any heed.  It has been also alleged that due to non-disbursal of loan, the complainant could not get executed sale deed and suffered loss of Rs.2 lakh by way of forfeiture of earnest money. Hence, this complaint has been filed for refund of rs.1,00,000/- and compensation of Rs.10 lakh, alleging the above act & conduct of the Opposite Party as gross deficiency in service and unfair trade practice.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the Opposite Party sanctioned the loan to the complainant vide letter dated 24.8.2018, but in the said letter, nowhere it is stated that the amount will be approved within 10 days.  It is stated that the Opposite Party requested many times for the Original Sale Deed dated 8.9.2018 from the complainant, but the complainant did not provide the same as it was lost by him.  The Opposite Party also requested the complainant to provide the newspaper publication regarding loss of sale deed, but that too was not submitted. It is submitted that as per the Revised Letter of Offer, the loan amount of Rs.10,36,548/- which was to be repaid in 288 monthly EMI and the process fee of Rs.5900/- was also charged. It is stated that loan amount was disbursed in the system and cheque was prepared to the account of the complainant on 31.08.2018 and the first installment was deducted on 10.9.2018. It is submitted that the complainant had paid a total payment of Rs.32,864/- to the Opposite Party and Opposite Party is ready to refund the same and issued a cheque of Rs.32,864/- in favour of the complainant. It is also submitted that the said amount includes Initial PF, Balance PF, PEMI and EMI total amounting to Rs.32,061/- along with interest calculated at 8.95% and 9.20%, total amounting to Rs.803/-, being the rate of interest, which was to be charged against the loan account of the complainant.  It is further stated that the complainant at his own signed the sanction letter and requested to avail the insurance policy.  Denying all other allegations and pleading no deficiency in service, the Opposite Party has prayed for dismissal of the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and also carefully examined the entire evidence on record.

 

6]       The complainant was sanctioned home loan of Rs.10,36,548/- (Ann.C-1) vide Revised Letter of Offer-cum-Acceptance dated 25.10.2018 by Dewan Housing Finance Corporation Ltd./Opposite Party.  The Opposite Party stated to have disbursed the loan amount in system and the cheque was prepared to the account of the complainant on 31.8.2018.  Surprisingly, in the account statement of Account No.0168104000071053 of the complainant of IDBI Bank (Ann.C-2), the said loan amount of Rs.10,36,548/- was never credited into the account of the complainant. The Opposite Party has concealed the material fact and tried to mislead this Forum. 

 

7]       The Opposite Party did not produce any copy of statement of account in which they stated to have deposited the loan amount, to prove that the payment was made to the complainant.

 

8]       The Opposite Party has received the following amount from the complainant, as per the account statement Ann.C-2:-

 

Date	Amount
24.08.2018	Rs.2950/-
30.08.2018	Rs.16,000/-
6.9.2018	Rs.254/-
12.9.2018	Rs.8769/-
12.10.2018	Rs.8769/-
12.11.2018	Rs.8769/-
25.10.2018	Rs.5900/-
Total	Rs.51,411/-

   

9]       The Opposite Party has also got processing fee of Rs.5900/- from the complainant as per Revised Letter of Offer cum Acceptance (Ann.C-1).

 

10]      After careful examination of complete evidence on record, it is noticed that the complainant has paid processing fee of Rs.8850/- before approval of loan (5900+2950) and an amount of Rs.26,561/- (254+8769+8769+8769) have been deducted from his account towards monthly loan installments.  The forceful deduction of monthly loan installment from the account of complainant despite the fact that loan amount was never disbursed to the complainant is against law and misconceived.  The Opposite Party has also, by misrepresentation, and keeping into view of urgency of necessity of loan by the complainant, has by way of compulsion, compelled him to pay Rs.16,000/- on 30.8.2018 (Ann.C-2) as an insurance premium, which was not required at all in the absence of disbursement of loan amount to the complainant. The Opposite Party, as is explicit from the facts, as discussed above, have indulged into grave unfair trade practice.

 

11]      The complainant for want of loan amount from the Opposite Party could not perform his part of contract under Agreement regarding purchase of House NO.263, AKS Colony, Bhabat, Zirakpur, Tehsil Derabassi, Distt. SAS Nagar (Punjab) and as such suffered loss by way of forfeiture of Rs.2 lakh, which he had paid to the seller in the Agreement to Sell dated 27.8.2018 in failing to get the sale deed executed/registered in his name within the given time i.e. on or before 26.11.2018.  The Opposite Party in its reply though agreed to refund the amount of Rs.32,061/- to the complainant with interest amounting to Rs.803/-, but this submission on the part of Opposite Party could not absolve them from the misdeed, which they have committed while dealing the loan case of the complainant.

 

12]      Keeping in view the gravity of mischief, malpractice and unfair trade practice on the part of Opposite Party, the present complaint is allowed with following direction:-

 

1.  To refund an amount of Rs.51,411/- (which includes processing fee, loan installments and insurance policy amount) to the complainant;

 

2. To pay an amount of Rs.Two Lakh to the complainant as compensation for causing financial loss due to forfeiture of earnest money as well as for causing mental agony & harassment;

 

 

3. To pay litigation cost of Rs.10,000/-.

 

         This order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of this order, failing which it shall be liable to pay additional compensatory cost of Rs.50,000/- apart from the above relief.   

         The copy of this order be forwarded to the parties free of cost as per rules.

Announced

6^th May, 2019                                                                

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER