Haryana

Ambala

CC/16/2023

LAKHAN THAKUR. - Complainant(s)

Versus

MAHINDRA FINANCE. - Opp.Party(s)

PEARL JASPAL.

15 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	16 of 2023
Date of Institution	:	11.01.2023
Date of decision	:	15.06.2023

 

Lakhan Thakur son of Shri Ram Ji Lal r/o House No.473, Housing Board Colony, Ambala Cantt (age about 50 years).

          ……. Complainant.

                                                Versus

1. Mahindra Finance, Second Floor, Sudarshan Tower, Nicholson Road No.1 Punjabi Mohalla, Sadar Bazar, Ambala Cantt.133001, Director, Prop. Manager.
2. Mahindra Finance, Mahindra Tower, A Wing, Fourth Floor, Dr. G.M.Bhosla Marg, P.K.Kurne Chownk, Worli, Mumbai-400018.

….…. Opposite Parties

Before:       Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:      Shri B.S. Jaspal, Advocate, counsel for the complainant.

                   OPs No.1 and 2exparte vide order dated 20.03.2023                        

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. Not to charge excess Rs.1,50,000/-.
2. To release Sale Deed and Conveyance deed of the house No.473, Housing Board Colony, Ambala Cantt.
3. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
4. To pay Rs.22,000/-, as cost of litigation 

                                                OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant had taken a housing loan amounting to Rs.6,45,000/-, from the OP No.1, vide account No.ISBL00116018701. At the time of disbursement of the loan to the complainant, the OP No.1 had taken the sale deed and conveyance deed of the house of the complainant i.e H.No.473, Housing Board Colony, Ambala Cantt. and assured the complainant that sale deed and conveyance deed will be returned to the complainant after the clearance of the loan amount. It was agreed that the loan amount alongwith interest will be paid by the complainant in 60 installments of Rs.16,138.12 P. The complainant deposited/paid all the 60 installment to the OPs. Complainant had taken the statement of account after great persuasion on 07.11.2021 and as per the said statement of account the loan taken is Rs.6,45,000/-, loan amount deposited Rs.6,29,105.77P, interest paid Rs.3,28,523.23 P, total amount paid Rs.9,57,629.00P, Balance amount Rs.15,894.23P. Complainant had deposited one installment through NEFT and that is not reflecting in the statement of account and the OPs are claiming the said amount again and again. OPs are also claiming dishonor charges whereas the amount in the account of the complainant was higher than the amount of the cheques. In fact the OPs had not presented the cheques in time and want to take the benefit of their own wrongs. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs, before this Commission, therefore, they were proceeded against ex-parte vide order dated 20.03.2023.
4.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-7 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and carefully gone through the case file.
6.           Learned counsel for the complainant submitted that despite clearing all dues of the OPs, the complainant several times requested the OPs not to charge excess amount and also release the sale deed and conveyance deed but they failed to do so and went on putting off the complainant with one excuse or the other and by doing so, the OPs indulged into unfair trade practice and is also deficient in providing service. 
7.           From the perusal of copy of Mahindra Finance document Annexure C1-loan agreement, the loan amount was to be paid in 60 equal monthly installments and installment start date was 1.12.2016 to 1.11.2021. It is also evident that on 6.12.2016 the OP shown the cheque bounced and charged Rs.572.50ps, whereas as per saving bank statement account of complainant Annexure C.2, there was sufficient balance in the account of the complainant and since the account of the complainant was having sufficient balance, then, how the OPs can shown cheque bounce and can charge bouncing charges.  So far as the payment of loan amount is concerned, from the perusal whole saving bank account statement of the complainant, it reveals that the complainant had paid 59 installments through his bank up to 1.11.2021, which was the end date of agreement and one installment had also been paid by the complainant through one Mr. Mohit son of Lakhan Thakur on 31.3.2021 at 8:19PM.  In this way, the complainant had paid all the loan amount to the Ops, but the OPs despite receipt of whole loan amount had not returned the Sale Deed, Conveyance Deed of House No.473, Housing Board Colony, Ambala Cantt to the complainant, which stood mortgaged with it against the loan released in favour of the complainant. It is significant to mention here that, as stated above, notice of this complaint was sent to OPs seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded ex-parte vide order dated 20.03.2023 . This act of the OPs draws an adverse inference against them. The non-appearance of the OPs shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. By not providing the documents, referred to above, the OPs has committed deficiency in service and also caused a lot of mental agony and physical harassment, to the complainant.  
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs in the following manner:-
   1. To release the original sale and conveyance deed, which stood mortgaged with them, to the complainant.
   2. To pay Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.2,000/-, as litigation expenses.

 

The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:-15.06.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President.