DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 107 of 2017
Date of Institution : 28.07.2017
Date of Decision : 25.05.2018
Darshan Singh son of S. Karnail Singh,
Gurmeet Kaur wife of Darshan Singh both residents of Near ITI Chowk Garcha Road, Barnala.
…Complainants
Versus
LIC Housing Finance Limited SCO 2445-46 Sector 22 C Chandigarh through its Area Manager.
LIC Housing Finance Limited SCF No. 4 1st Floor, 100 feet road near Bhagu Road Bathinda through its Area Manager.
State Bank of India Branch College Road, Barnala through its Branch Manager.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. Surjit Singh counsel for complainants.
Sh. Harkirtan Singh counsel for opposite parties No. 1 & 2.
Sh. Vinod Kumar Goyal counsel for opposite party No. 3.
Quorum.-
1. Shri Sukhpal Singh Gill : President
2. Ms. Vandna Sidhu : Member
ORDER
(SUKHPAL SINGH GILL PRESIDENT):
The complainants Darshan Singh and Gurmeet Kaur have filed the present complaint against LIC Housing Finance Limited and others (hereinafter called as the opposite parties) under Consumer Protection Act 1986.
2. It is alleged that the complainant applied for the sanctioning of loan for construction of house and vide letter dated 24.8.2016, opposite party No. 1 sanctioned a loan of Rs. 5,00,000/- and the loan was paid in two installments i.e. Rs. 4,50,000/- and Rs. 50,000/- vide loan account No. 017000360. Before sanctioning the loan, the opposite party got deposited from the complainant original sale deed of the plot, site plan and blank cheques bearing signatures of the complainant on the pretext that the loan installment will be got withdrawn from the account of the complainant and after withdrawing the amount of some installments by using the said cheque the opposite party with held cheques Nos. 284442, 284443 and 284444 without assigning any reason and without giving any information to the complainant and due to this the amount of two installments could not be deducted from the account of the complainant and the said two installments were deposited by the complainant alongwith interest. Thereafter, the complainant paying the remaining installments of loan through the Punjab National Bank Barnala, LIC Housing Finance Limited Bathinda and Axis Bank upto 2017 regularly and deposited a sum of Rs. 6,80,000/-. The opposite party No. 2 informed the complainant that a sum of Rs. 3,05,478/- are due which includes the costs. The complainant deposited the amount of Rs. 3,05,478/- vide cheque No. 480377 dated 28.3.2017 against the receipt issued by the State Bank of India College Road Barnala Branch.
3. It is further alleged that on 1.5.2017 complainant telephonically inquired from the opposite party No. 2 about the status of said above cheque and the concerned official replied that the cheque has already been sent to the Bank. Again on 23.6.2017 the complainant has come to know that some objection has been raised qua the cheque in question, but no written intimation was given to him, but it was apprised on telephone that the complainant should talk with the Head Office (opposite party No. 1). Thereafter, on 23.6.2017 the complainant inquired from the opposite party about the status of said cheque and he was told by the concerned official to contact with the Bathinda Office. It is further submitted that in the year 2009-10 the amount of installments was enhanced to Rs. 5,463/- but complainant remaining paying the installments each of Rs. 5,500/- and opposite parties remaining recovering Rs. 445/- in excess from the complainant till the year 2016-17 and amount of Rs. 3,560/- was not adjusted in the account of the complainant remained issuing annual certificate of the amount of Rs. 65,555/-. The opposite parties neither issued NOC to the complainant nor returned the original sale deed and site plan and cheques Nos. 284442 to 284444 and also not refund the amount of Rs. 3,560/-. A legal notice dated 24.6.2017 was also sent to the opposite parties, but of no use. Hence, the present complainant is filed for seeking the following reliefs.-
To release the original sale deed of the plot alongwith site plan, blank cheques Nos 284442 to 284444 and refund the amount of Rs. 3,560/-.
To pay Rs. 20,000/- as compensation for mental agony and harassment and Rs. 5,000/- as litigation expenses.
4. Upon notice of this complaint the opposite party No. 1 filed written version taking legal objections on the grounds of maintainability and concealment of material facts and the complaint is time barred etc. On merits, it is admitted to the extent that opposite parties No. 1 & 2 deposited original sale deed of the plot, site plan, but it is denied that the blank cheques bearing signatures of the complainant ever deposited. It is further submitted that complainant issued cheque No. 480377 dated 28.3.2017 amounting to Rs. 3,05,478/- of State Bank of India Branch College Road, Barnala, but the same was dishonoured by the bank for the reason wrongly delivered and in this regard necessary intimation sent by the answering opposite party first time on 6.4.2017 telephonically. As per the loan agreement answering opposite parties have writes to enhance the loan installments and borrower/complainant is bound to deposit the enhanced loan installments as per the clause of the loan agreement. It is further submitted that without clearance the entire loan amount and other expenses, answering opposite parties is unable to issue the NOC and original sale deed to the complainant. All other allegations of the complaint are denied and prayed for the dismissal of complaint.
5. Initially the opposite party No. 2 was proceeded against exparte vide order dated 15.9.2017, but vide order dated 27.11.2017 the opposite party No. 2 was allowed to join the proceedings at this stage subject to costs of Rs. 500/-.
6. The opposite party No. 3 filed separate written version taking legal objections on the grounds of maintainability, complainant is not consumer etc. On merits, it is submitted that complainant never deposited cheque bearing No. 480377 dated 28.3.2017 of Rs. 3,05,478/- with them and neither the said cheque debited in his account. All other allegations of the complaint are denied and prayed for the dismissal of complaint
7. In order to prove their case, the complainant No. 1 tendered into evidence his affidavit Ex.C-1, copy of legal notice Ex.C-2, postal receipts Ex.C-3 & Ex.C-4, copy of account statement Ex.C-5, copy of letter dated 15.4.2009 Ex.C-6, copies of receipts dated 28.3.2017 Ex.C-7 & Ex.C-8, copy of certificate of installment dated 22.1.2007 Ex.C-9, copy of certificate of installment dated 21.1.2008 Ex.C-10, copy of certificate of installment dated 9.9.2009 Ex.C-11, copy of certificate of installment dated 18.9.2009 Ex.C-12, copy of certificate of installment dated 28.2.2011 Ex.C-13, copy certificate of installment dated 17.2.2012 Ex.C-14, copy of certificate of installment dated 13.3.2013 Ex.C-15, copy of certificate of installment dated 20.2.2014 Ex.C-16, copy of certificate of installment dated 11.2.2015 Ex.C-17, copy of certificate of installment dated 9.3.2016 Ex.C-18, copy of certificate of installment dated 10.3.2017 Ex.C-19, copy of letter dated 8.3.2016 Ex.C-20, copy of cheque Ex.C-21, copies of blank cheques Ex.C-22, copies of account statements Ex.C-23 & Ex.C-24, copies of receipts Ex.C-25 to Ex.C-38, copies of statements of account Ex.C-39 to Ex.C-71 and closed the evidence.
8. To rebut the evidence of the complainant the opposite party No. 1 tendered into evidence copy of loan application Ex.O.P-1/1, copies of sale deeds Ex.O.P-1/2 & Ex.O.P-1/3, copy of loan approval order Ex.O.P-1/4, copy of loan agreement Ex.O.P-1/5, copy of cheque Ex.O.P-1/6, copy of memo Ex.O.P-1/7, copy of intimation letter Ex.O.P-1/8, copies of loan statements Ex.O.P-1/9 to Ex.O.P-1/11 respectively, affidavit of Ashu Devgan Legal Manager of opposite parties Ex.O.P-1/12, copy of loan agreement Ex.O.P-1/13 and closed the evidence.
9. Ld. Counsel for opposite party No. 3 has made a statement that opposite party No. 3 do not want to lead any evidence.
10. We have heard the learned counsel for the parties and have gone through the records.
11. The complainant is a consumer of opposite parties and had availed House Loan of Rs. 5,00,000/- from the opposite parties No. 1 & 2 by offering security of original sale deed of the plot, site plan and some blank cheques, which have been issued by the complainant. The complainant in order to clear the loan deposited a cheque No. 480377 dated 28.3.2017 for Rs. 3,05,478/- of his account with opposite party No. 3. The opposite parties No. 1 & 2 are not releasing the sale deed deposited by the complainant and hence are deficient in service.
12. In reply the opposite party No. 1 has admitted having received a cheque No. 480377 dated 28.3.2017 for Rs. 3,05,478/- of State Bank of India Barnala which was received unpaid for the reason of wrongly delivered/not drawn on us.
13. The opposite party No. 2 joined the proceedings at the stage of complainant evidence, as such no written version on behalf of opposite party No. 2 is on record.
14. Opposite party No. 3 denied the contents of the complaint and had prayed that the complaint being false and frivolous against opposite party No. 3 may kindly be rejected.
15. After hearing the arguments of the learned counsel for the parties and on the perusal of documents placed on record, we find that the complainant is the customer of the opposite parties. The complainant in order to clear the dues of loan obtained from the opposite parties No. 1 & 2 deposited a cheque for Rs. 3,05,478/- of State Bank of India Branch College Road Barnala. We have also gone through the documents Ex.C-7 & Ex.C-8 in which the opposite parties No. 1 & 2 have admitted having received the cheque in question. As the total of both the documents Ex.C-7 & Ex.C-8 tallies with the amount of the cheque which shows that the due amount of the opposite parties No. 1 & 2 was Rs. 3,05,478/- and the cheque was issued to clear the dues of housing loan obtained by the complainant from the opposite parties No. 1 & 2. The said cheque was deposited by the opposite parties No. 1 & 2 with the Axis Bank Bathinda, who presented the same in clearing and the State Bank of India Bathinda returned the said cheque vide memo dated 31.3.2017 to the Axis Bank Bathinda as the said cheque was not drawn on their Branch. Had the Axis Bank Bathinda which is the Banker of opposite parties No. 1 & 2 have sent this cheque for collection to State Bank of India College Road Barnala Branch, then the cheque would have been cleared. But then on knowing the fate of the cheque the opposite parties No. 1 & 2 had made no efforts to clear the cheque by directing their Banker to collect the same from the proper branch i.e. State Bank of India College Road Barnala not only shows the inefficiency of the Public Sector Undertaking but also amounts to deficiency in service on the part of the opposite parties No. 1 & 2.
16. Further, with regard to the excess payment of Rs. 3,560/-, the opposite parties No. 1 & 2 have placed on record document Ex.O.P1/3 vide which the opposite party No. 1 had adjusted the amount.
17. From the facts mentioned above we allow the complaint and direct the opposite parties No. 1 & 2 to pay a sum of Rs. 10,000/- being cost of mental tension and agony caused to the complainant alongwith litigation fee of Rs. 500/- and direct the complainant to reissue a cheque for Rs. 3,05,478/- being the full and final payment of loan and deposit the same with the opposite parties No. 1 & 2 within one month and the opposite parties No. 1 & 2 will issue NOC alongwith original title deed, site plan and other papers with regard to the sale deed within one month after payment of cheque of Rs. 3,05,478. This order of ours shall be complied with within 30 days from the date of the receipt of the copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
25th day of May 2018
(Sukhpal Singh Gill)
President.
(Vandna Sidhu)
Member
