BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 14^TH DAY OF NOVEMBER 2022

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs:-

1. PMAY subsidy amount of Rs.2,35,000/- which I was supposed to get
2. Pay a sum of Rs.50,000/- towards the physical strain and mental agony suffered by the complainant and his family in these 10 months approximately. Total amount of relief claimed, A + B = 2,85,000/-

2. The case set up by the complainant in brief is as under:-

The complainant has taken home loan from the OP bank and it was disbursed on 12.03.2021.  He was eligible for Rs.2,35,000/- subsidy under Pradanmantri Aawas Yojana (PMAY)-scheme.  He has submitted the application to OP bank claiming PMAY subsidy along with aadhar card and all the required documents before 12.03.2021.  The OP bank informed him that his application was rejected due to aadhar details provided by him was MASKED and the correct aadhar details were received in September 2021 and PMAY ID C0002580745 was generated afterwards.  The PMAY subsidy deadline was expired on 31.03,2021. So the case cannot be submitted to NHB by the OP bank. 

3.       It is further grievance of the complainant that he has submitted correct aadhar details and all documents to OP bank before 12^th March 2021 i.e., much before PMAY deadline. The aadhar card which he had given to OP bank was not MASKED.  Even they ask for aadhar card photo in whatsapp also and he has shared in whatsapp which shows the aadhar number is clearly visible and not masked. Both hard copy of the aadhar card and whatsapp image of the aadhar card was not MASKED.  

4.       It is further grievance of the complainant that when the loan department manager of OP bank has checked in the server he agreed that the aadhar number is clearly visible and not MASKED.  The OP bank is saying that the central team of ICICI is keep on saying aadhar card was masked even though loan servicing branch has told them that on rechecking in their server it is not MASKED.  The aadhar number is clearly visible.

5.       It is further case of the complainant that the MASKED aadhar card concept was not even there when the loan was applied/disbursed the MASSKED aadhar started from July 2021.  When the complainant has submitted on February –March 2021 he cannot get the MASKED aadhar at that time.  When he has received the information from the OP his subsidy was not processed due to the aadhar problem.  He has raised the dispute with RBI ombudsmen the OP bank has closed this case saying that aadhar card was MASKED so it is fault of the customer. But when checking with the loan service branch of the OP again and they have rechecked in the server they have confirmed that it is not MASKED and subsidy should be given but central team of the OP bank is not accepting their mistake and persist on saying that case is closed because aadhar card was masked.  The complainant has requested the OP bank to share the aadhar documents submitted by him which is MASKED as per their say but they refused to do so.  Hence he has filed this complaint claiming the relief to grant the subsidy amount of Rs.2,85,000/- from the OP bank and also for mental agony and litigation expenses.  

6.       After service of notice OP remained absent.

7.       The complainant has filed his affidavit evidence and relies on 09 documents.  Heard the arguments of the complainant. 

8.       The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

9.     Our answers to the above points are as under:

       Point No.1:  Affirmative

      Point No.2: Affirmative in part

      Point No.3: As per final orders

REASONS

10.    Point No.1 and 2: The complaint and evidence of the complainant and the documents produced by him remained unchallenged.  Inspite of service of notice the OP remained absent and they have not appeared and filed their version and disputed the complaint and the evidence and the documents produced by the complainant.

11.     It is clear from the complaint, evidence and documents that the complainant has taken a home loan of Rs.45,00,000/- from the OP bank and it was disbursed on 12.03.2021.  The complainant was eligible for Rs.2,35,000/- subsidy under PMAY scheme and he has fulfilled the eligibility criteria for the PMAY subsidy.

12.     The complainant has submitted the application claiming PMAY subsidy along with aadhar card and other required documents on 12.03.2021 i.e., before the PMAY application deadline which was on 31.03.2021.  

13.     It is further grievance of the complainant that the aadhar card which he has given to the OP bank was not MASKED. He has also shared his aadhar card photo in whatsapp and it can be seen that aadhar number is clearly visible and not MASKED. He has also got checked in the server of the OP bank loan Department Manager, he has agreed that aadhar card number is clearly visible and MASKED.  Inspite of that the OP bank has informed the complainant that the central team of their bank are keep on saying that the aadhar card was MASKED even though the aadhar card number is clearly visible. The concept of MASK aadhar card was not there when the complainant loan was applied and disbursed on March 2021 and it was started by UIDAI much after July 2021. After that the complainant has raised this dispute with RBI ombudsmen and the OP bank internal ombudsmen has closed his case saying that aadhar card was MASKED so it is the fault of the customer.

14.     In support of his contention the complainant has relied on nine documents i.e., Document No.1 is the copy of the aadhar card and D.No.2 is the loan sanction letter, D.No.3and 4 are the whatsapp screen shot, and D.No.5 is the email from OP bank, stating aadhar was MASKED, DNo.6 is his reply and D.No.7 is the OP reason for case closure and D.No.8 is the RBI ombudsmen case closure email.  

15.     It is clear from the evidence and the documents produced by the complainant that even though he has furnished the visible copy of the aadhar card the OP bank have not properly processed, application given by the complainant claiming PMAY subsidy. At last they have informed the complainant that his subsidy request was not processed due to his fault as his aadhar card was MASKED.  The documents produced by the complainant also clearly discloses that the aadhar card produced by him as per document No.3 is clearly visible.  Even though the complainant has processed his application immediately after availing loan after 12^th march 2021 the OP bank authorities have not processed the application.  In view of this the complainant has lost the subsidy amount of Rs.2,35,000/- from PMAY scheme.

16.     If the OP bank have processed the application given by the complainant for availing the subsidy amount the complainant would have got Rs.2,35,000/- subsidy amount under the scheme. The OP bank have made the complainant to run from piller to post for getting the needful done but all went in vein.  In view of this the complainant has also suffered monitory loss, mental agony and harassment.  Under these circumstances, complainant has clearly established the deficiency of service and negligence on the part of the OP bank in processing the subsidy application filed by the complainant by furnishing all the valid documents. Under these circumstances, the complainant is entitle for the relief claimed in the complaint. Hence we answer point No.1 in affirmative and Point No.2 partly in affirmative.

17.     Point No.3:- In view the discussion referred above, we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. OP is directed to pay Rs.2,35,000/- which was the PMAY subsidy amount with 10% interest to the complainant.
3. OP is further directed to pay compensation of Rs.25,000/- and litigation expenses of Rs.10,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.2,35,000/- till final payment.
5. Furnish the copy of this order and return the documents to the complainant with extra pleadings.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 14^TH day of NOVEMBER, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL