Date of filing: | 29.10.2022 |
Date of disposal: | 09.08.2023 |
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 09.08.2023
PRESENT
HON’BLE Mr. JUSTICE HULUVADI G. RAMESH: PRESIDENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
Mrs. DIVYASHREE M : LADY MEMBER
APPEAL NO. 2151/2022
DEWAN Housing Finance Corporation Limited, Rep. by Branch Manager, No.1347/36, 2nd Floor, Ragigudda Circle, South End Main Road, 9th Block, Jayanagar, Bangalore-56006. (Advocate – Sri.Lakshminarayana) | …..Appellant/s. |
V/s |
Mr. Zahiruddin, S/o. Sheik Emamuddin, Aged About 52 years, Residing at No.36/37, 1st Floor, 3rd Cross, 2nd Main, Hanumaiah Layout, J.P. Nagar, Vinayakanagar, 5th Phase, Bangalore-560 078. (Advocate – Sri.G.N.Krishne Gowda) | …..Respondent/s. |
ORDER
HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT
01. The opposite party has filed this Appeal under section 41 of the Consumer Protection Act, 2019 challenging the order dated: 19.08.2021 passed in C.C. No.789/2020 by the III Additional Bangalore Urban District Consumer Disputes Redressal Commission, Bengaluru.
02. The parties to this Appeal will be referred to as their rank assigned to them by the commission below.
03. Heard the arguments of learned counsels for both parties to the Appeal.
04. The District Commission after enquiring into the matter had allowed the Consumer Complaint with cost directing the opposite party to furnish statement of account from the date of disbursement of loan showing the balance amount payable by the complainant after deducting each EMI payment till the date of order. The opposite party shall furnish the said statement of account to the complainant within 30 days from the date of the order, otherwise opposite party shall liable to pay Rs.100/- per day as penalty to the complainant from the date of default till the date of compliance. The opposite party shall pay litigation cost of Rs.15,000/- to the complainant within 30 days from the date of the order. Otherwise it carries interest @ 8% per annum from the date of filing of the complaint till the date of compliance.
05. Aggrieved by this order, opposite party has filed this Appeal.
06. Perused the impugned order and the grounds urged in the Appeal. The complainant being an owner of site No.50, Katha No.13/2-21, BBMP limits, Alahalli Village, Uttarahalli Hobli, Bangalore South Taluk had availed housing loan of Rs.25,27,459.99 on 30.09.2017. The opposite party had lent the loan on the basis of request made by the complainant. The complainant had also availed the insurance facility and consented to make payment to the insurance company from the loan amount as per the RBI guidelines for covering the loan amount.
07. The grounds urged by the Appellant is that, the opposite party is a non-banking financial company engaged in the business of housing finance. The RBI has filed an application on 29.11.2019 for initiation of corporate insolvency resolution process against opposite party under section 227 r/w clause (zk) of sub-section (2) of section 239 of Insolvency and Bankruptcy Code, 2016 r/w Rules 5 & 6 of the Insolvency & Bankruptcy. As per the mandate of section 14 (1) (2) & (3) of Insolvency and Bankruptcy Code, 2016 as amended up to date, a moratorium will be declared for prohibiting the institution of suits or continuation of suits. On completion of the above insolvency process, the Dewan Housing Finance Limited (DHFL) has been taken over by Piramal Capital and Housing Finance Limited and the same was registered with the ROC, Bangalore, Karnataka. The complainant tried to mislead the District Forum stating that, the opposite party has deducted the insurance amount without the consent and also collected the post EMI facility of Rs.22,852/- dated: 11.10.2017. The opposite party has been placed Ex-parte before the Forum below and as there was insolvency process undergoing during the pendency of the complaint before the District Forum. The notice issued by the District Forum was received by the opposite party (earlier DHFL) whose administration was overridden by the administrator appointed by the RBI (on the orders of the Hon’ble NCLT, Mumbai). During this the opposite party was not able to communicate the same to the District Forum and was made exparte. The complainant has suppressed the true facts and obtained order from the District Forum.
08. The Learned Counsel for complainant has argued that, the opposite party without the knowledge of the complainant had deducted a sum of Rs.4,50,000/- towards the insurance amount from the complainant’s loan account which is unwanted. Per contra, the learned counsel for opposite party had submitted that, as the Dewan Housing Finance Corporation Limited (DHFL) has been taken over by the Piramal Capital & Housing Finance Limited and during the pendency of the complaint before the District Forum as there was insolvency process undergoing the District Forum by placing opposite party as ex-parte had passed its order which lacks impleadment of necessary party and hence prays to remand the same for reconsideration by affording opportunity to implead M/s. Piramal Capital & Housing Finance Limited as a necessary party to the proceedings.
09. In view of the above submissions made by both parties and on perusal of the impugned order along with Appeal documents produced by the Appellant, we are of the considered view that, the impleadment of M/s. Piramal Capital & Housing Finance Limited as a party to the proceedings is very much necessary to adjudicate the matter on merits. Hence the Appeal is allowed and remanded back the matter to the District Commission for reconsideration as observed with a direction to dispose-off the same as early as possible within three months.
10. The amount kept in deposit by the appellant shall be permitted to withdraw by the appellant.
11. Provide copy of this order to the District Commission as well as to the parties to the appeal.
LADY MEMBER JUDICIAL MEMBER PRESIDENT
KNMP*
