Delhi

New Delhi

CC/610/2013

Sh. Daleep Kumar Dhayani - Complainant(s)

Versus

M/S. LIC Housing Finance Ltd.q - Opp.Party(s)

-

02 Sep 2019

ORDER

 

 

                                                       CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 610/2013                                     Dated:

In the matter of:

                 Daleep Kumar Dhayani

         S/o Sh. S.P. Dhayani,

        R/o 1D/B-12A, Dhawalgiri

        Sec-34, Noida, UP.

....COMPLAINANT

 

VERSUS

1.     LIC Housing Finance Ltd.

Bombay Life Building, 2^nd Floor,

45/47, Veer Nariman Road,

Fort, Mumbai 400001 Through its Chairman.

 

2.     Area Manager

LIC Housing Finance Ltd.

Laxmi Insurance Building,

Asaf Ali Road, New Delhi-110002.

 

3.     Area Manager,

LIC Housing Finance Ltd.

F-205, Second Floor,

Kaushambi Plaza-II,

             Ghaiabad-201001

 

         .....OPPOSITE PARTIES

 

 

 

PRESIDENT- ARUN KUMAR ARYA

 

ORDER

1. The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant was sanctioned loan after due verification of documents vide sanction order no. PLO 23605 dated 07/04/2004 and accordingly allotted loan A/c no. 10003986 by OP-3 and the loan was disbursed on 26/04/2004 when the sale deed was executed in respect of the said flat.
2. It is further alleged that the OP has taken the original receipt of registration of sale deed, hence it was their duty to collect the sale deed from the office of Sub Registrar, Noida, which is clear from clause 5 of the letter dated 26/04/2004.
3. The above loan amount was to be repaid in 15 years but the complainant has paid off entire amount within a span of 7 years and accordingly, entitled to receive back the all documents furnished at the time of availing loan facility from the OP’s including the titled documents i.e. the sale deed in his favour.
4. Thereafter, the complainant was told to collect all the original documents relating to the said flat from OP-2, accordingly, complainant had approached OP-2 and visited to the office of the OP, office of OP-2 had handed the documents alongwith its covering letter dated 30/06/2011. It is further alleged by the complainant that after going through the contents of the said letter and the document made available with the said letter, the complainant had duly informed the officer about the sale deed dated 24/06/2004 which did not include with the said documents. Despite complaints nothing has been done till date, hence this complaint.  
5. Notice of the complaint was sent to the OP, Ms. Indu Kaul appeared on behalf of OP and sought an adjournment for filing written statement as well as for settlement. After deliberation between the parties, the sale deed was handed over to the complainant by the order our predecessor bench.
6. During the pendency of this present complaint it is stated by the complainant that he is entitled for the compensation and litigation expenses as prayed.
7. The notices were again issued despite notice none appeared on behalf of OP nor any written statement filed hence the OP was proceeded with Ex-parte on 28/08/2017 by the predecessor bench.
8. Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. File is perused.
9. It is admitted case that OPs returned the documents of complaint after sustained period which they were bound to retuned after the loan was paid by complainant. It is clear deficiency of service on part of OPs.
10. In view of these circumstances, we award a sum of Rs. 15,000/- to the complainant for compensation for harassment including litigation charges to be paid by OPs.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. A copy of this order  be sent to both the parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

                 Pronounced in open Forum on 02/09/2019_.      

                                                                                          (ARUN KUMAR ARYA)             

                                                                                                   PRESIDENT

   (NIPUR CHANDNA)                                                                                     (H M VYAS)

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