Date of filing:- 24-10-2017.
Date of Order:-18-03-2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 87 of 2019.
Sri Biranchi Sahu, aged about 52(fifty two) years, S/o Kanhu Sahu, Occupation- Cultivation, Resident of Ward No. 09(nine), Bandutikra, V.S.S. Nagar, Bargarh, Po/Ps/Dist. Bargarh (Odisha). ..... .... ..... Complainant.
-: V e r s u s :-
- The Branch Manager, Dewan Housing Corporation Limited, Room No.1(one), 2nd Floor, Quality Mansion, Golo Bazar, Nayapara, Sambalpur, Dist. Sambalpur-768001.
- The General Manager, Dewan Housing Finance Corporation Limited, Registered Office at Warden House, 2nd Floor Sir P.M. Road, Fort, Mumbai-400001.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satpathy, Advocate with associates.
For the Opposite Parties :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant to construct his house has availed finance from the Opposite Parties to a tune of Rs.7,26,058/-(Rupees seven lakh twenty six thousand fifty eighty)only. For the said loan the Complainant has created mortgage of his Gharabari Kisam land of Bargarh which would be valued more than Ten Lakhs. That the Opposite Parties have realized a sum of Rs. 1,50,000/-(Rupees one lakh fifty thousand)only in favour of the Complainant and with that amount the Complainant had started construction of his house and when the house is in construction stage, the Opposite Parties stopped realizing the rest finance amount. For the act of the Opposite Party, the Complainant had suffered a lot, pleader notice has been sent to the Opposite Parties to realize the rest finance amount but the Opposite Parties remained silent. Being aggrieved by the unfair trade practice followed as well as deficiency in service this complaint is filed by the Complainant before this Commission praying that Opposite Parties be directed to compensate the Complainant with a sum of Rs.5,00,000/-(Rupees five thousand)only for his suffering due to the unfairness approach, negligence and deficiency in service to the Complainant and to realize the rest financed amount for the ends of justice.
2) The case of the Opposite Parties is that the Opposite Parties did not appear before this Commission to file their version. Hence, the Opposite Parties are set ex-parte.
3) Perused the documents filed by the Complainants filed by the Complainant and it reveals that the Complainant had availed a housing loan from the Opposite Parties vide Application No. 01847922. The amount sanctioned is Rs. 7,26,058/-(Rupees seven lakh twenty six thousand fifty eight)only and the amount disbursed Rs. 4,76,058/-(Rupees four lakh seventy six thousand fifty eight)only EMI Rs. 8,720/-(Rupees eight thousand seven hundred twenty)only. The Complainant has submitted that he had received only Rs. 3,50,000/-(Rupees three lakh fifty thousand)only towards the disbursed amount the rest amount without the knowledge of the Complainant has been disbursed towards insurance. The account statement itself reflects that no cheque/voucher number has been issued to the Complainant bank payment on dt. 31-08-2018.
4) The Opposite Parties after due receipt of notice preferred to remain ex-parte which implies that the complainant is not disputed.
5) During the validity period of loan the co-applicant the wife of the Complainant died as a result it is the duty of the Opposite Parties to settle the insurance claim and adjust it in the loan amount. The Opposite Parties on dated 16th February 2021 has issued a letter regarding foreclosure of loan.
According to the mater circular on customer service in Banks of RBI Dt. 01-07-2015. “6.4 levy of foreclosure charges/payment pending on floating rate term loans.
Banks will not be permitted to charge foreclosure charges/pre payment penalties on all floating rate term loans sanctioned to individual borrowers”.
6) Hence, the Opposite Parties can not charge any foreclosure charges as per the Govt. Guidelines. The Complainant being compelled has paid on dt. 24-06-2022 Rs. 5,50,000/-(Rupees five lakh fifty thousand)only.
The Opposite Parties have done unfair trade practice as well as deficiency in service by charging 18%(eighteen percent) interst towards foreclosure of loan as well not disbursing of Rs. 1,16,058/-(Rupees one lakh sixteen thousand fifty eight)only in the account in the Complainant and claiming interest over the said amount
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed ex-parte against the Opposite Parties. The Opposite Parties are jointly and severally liable to refund Rs. 1,26,058/-(Rupees one lakh twenty six thousand fifty eight)only @ 9%(nine percent) interest per annum from the Dt. 31-08-2018 along with Rs. 50,000/-(Rupees fifty thousand)only for mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses within one month of this order, failing which the entire order will carry 12% (twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.18/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
