Delhi

StateCommission

FA/214/2014

LIC HOUSING FINANCE LTD. - Complainant(s)

Versus

SANTOSH KR. JHA & ANR. - Opp.Party(s)

20 Jan 2017

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :20.01.2017

First Appeal No. 214/2014

 

(Arising out of the order dated 19.8.2013 passed in Complaint Case No.854/12 passed by the District Consumer Dispute Redressal Forum-VI, New Delh District.)

 

In the matter of

LIC Housing Finance Ltd.

Having its Regional Office (North) At

2^nd floor, Jeevan Deep Building

10, Sansad Marg, New Delhi-110 001

THROUGH

……Appellant

 

Versus

1. Santosh Kumar Jha
2. Anita Jha

W/o Santosh Kumar Jha

 

Both resident of

E-10, G-2, Ved Vihar SLF-DLF

Khajuri Pusta Road Loni

Ghaziabad, U.P.

 

…Respondents/OPs

 

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.         Whether reporters of local newspaper be allowed to see the judgment?

2.         To be referred to the reporter or not?

 

 

 

 

Justice Veena Birbal, President

1.          This is an appeal wherein challenge is made to order dated 19.8.13 passed by the Consumer Disputes Redressal Forum-VI (in short, ‘the District Forum’), New Delhi District in CC No. 854/12 whereby the complaint of the respondents/complainants is allowed and the appellant/OP is directed to pay to the respondents/complainants Rs.3,13,150/- alongwith 9% interest from the date of sanctioned till realization. Rs.35,000/- has been awarded compensation and Rs.15,000/- as costs of litigation.
2. Briefly the facts relevant for disposal of the complaint are as under:-

         The respondents/complainants had applied for Housing Loan and Renovation Loan under ‘Griha Pravesh Scheme’ to the Appellant/OP. The appellant/OP   sanctioned  a loan of Rs.18,00,000/- to the rspondents/complainants vide letter dated 13.7.2009. Out of said loan of Rs.18,00,000/-, Rs.14,86,650/- was sanctioned for purchase of ready built flat and balance amount of Rs.3,13,350/- was sanctioned towards carrying on renovation work. The details have been given as to how the cheques were issued. It was alleged that vide letter dated 30.8.09, the appellant/OP explained the respondents/complainants to pay EMIs for the disbursed amount only i.e. Rs.14,86,650/- and for balance amount of Rs.3,13,350/- the respondents/complainants were required to start repair work for  which the balance amount was to be released. The complaint was filed before the Ld. District Forum for charging high amount of EMIs from the respondents/complainants as was agreed at the time of grant of loan.

3.          The appellant/OP did not contest  the case before the District forum and was proceeded ex-parte. The stand of appellant/OP is that it was never served before the District Forum as such no appearance could be made. Ld. Counsel for the appellant has placed on record the order sheet of the Ld. District Forum considering the present complaint case.
4.          On the other hand Counsel for the respondents/complainants states that the appellant was served before the District Forum. However, after some arguments to cut short the delay in the matter, Counsel for the respondents/complainants has agreed to remand back the case subject to payment of costs.
5. Considering the totality of facts and circumstances and also for effective disposal of case on merits, the appellant/OP be given the chance to contest the case. We, therefore, accept the appeal and set aside the order dated 19.8.13 subject to payment of costs of Rs.5,000/- to respondents/complainants.
6.          Let the parties appear before the Ld. District Forum on 20.2.2017.  
7.          On the said date appellant/OP shall pay the costs of Rs.10,000/- to the respondents/complainants i.e. Rs.5,000/- for condoning the delay which is imposed vide separate order passed today and Rs.5,000/- for allowing present appeal and shall also file its written statement on the said date. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
8.          Since present is a complaint of 2012, the District forum shall make all endeavor to dispose of the matter within six months from the date of receipt of the order.
9.          A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum-VI, New Delhi District.
10.          File be consigned to Record Room.

 

         As prayed order be also given ‘dasti’.

 

 (Justice Veena Birbal)

President

                                                              

 

(Salma Noor)

Member