Tamil Nadu

South Chennai

408/2008

MRS.MARY LUCY SATHYA - Complainant(s)

Versus

1,THE AREA MANAGER, GIC HOUSING FIANCE LT AND 2 OTHERS - Opp.Party(s)

M/S.K.SITHARTHAN

22 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 29.09.2008

                                                                          Date of Order : 22.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

          DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                                                                    

CC. NO.408 /2008

THURSDAY THE 22^ND DAY OF FEBRUARY 2018

                                              

Mrs. Mary Lucy Sathya,

10D Micetich Colony,

Madhavaram High Road,

Chennai – 60.                                                   .. Complainant

 

                                      ..Vs..

 

1. The Area Manager,

GIC Housing Finance Ltd.,

Ramayam I Floor,

216 & 217 Peters Road,

Royapettah, Chennai 14.

 

2. The Chief Executive Officer,

GIC Housing Finance Ltd.,

Universal Insurance Building,

Sir P.M. Road Fort,

Mumbai 400 001.

 

3. The Branch Manager,

GIC Housing Finance Ltd.,

1^st Floor, PTC Towers,

SS Koil Road,

Thiruvandrum,

Kerala State.                                            ..  Opposite parties.

 

 

Counsel for complainant         :  M/s. K.Sitharthan 

Counsel for opposite parties  :  M/s. Ramalingam Associates.      

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section  12 of the Consumer Protection Act 1986 seeking direction to return a sum of Rs.50,000/- and also to pay a  sum of Rs.25,000/- as compensation for deficiency in service and to pay cost of the complaint.  

1.   The averments of the complaint in brief are as follows:

          The complainant submit that  the complainant’s husband Mr. Maria Jagadesan availed housing loan of Rs.5.50 lakhs from the 3^rd opposite party  for purchasing the house at Chennai when he was working at Trivandram.  As per the terms of the loan the interest charge by the 3^rd opposite party is 14% and the EMI amount is Rs.7,325/- total number of EMI is 180.   The said Maria Jagadesan deposited the title deeds of the house property with the 3^rd opposite party in order to create equitable mortgage.     On 10.2.2002   Maria Jagadesan was died when he was in service leaving behind the complainant and  two minor children as his legal heirs.  The death was immediately intimated to the 3^rd opposite party by letter dated 17.2.2002.   The complainant requested the 3^rd opposite party to furnish the loan details with interest of the said Maria Jagadesan in order to clear the entire dues.    The complainant also informed  the change of address.  Further the complainant state that immediately after the receipt of the death benefit of Maria Jagadesan the complainant remitted a sum of Rs.4,00,000/- towards the loan on 14.8.2002.  The complainant repeatedly requested the opposite parties to inform the balance amount due and requested to waive interest and penal interest.  Since the opposite party has not responded,  the complainant issued legal notice dated 5.5.2005  for which the 2^nd opposite party sent a reply dated 30.11.2006  informing that a sum of Rs.1,35,000/- from 2002 and demanded a sum of Rs.3,88,095/-.  The complainant sent representation dated 12.12.2006  to waive the interest to the tune of Rs.40,125/- for that the 2^nd opposite party sent reply dated 22.12.2006 to the complainant  that he reduced the amount from Rs.4,92,028/- to Rs.2,54,832/- and directed to pay the said sum on or before 31.12.2006.   Thereafter the complainant sent letters dated 17.1.2007, 5.3.2007, and 21.3.2007  to the opposite parties to waive the interest. On 30.4.2007 the 2^nd opposite party directed the complainant to pay a sum of Rs.1,78,952/-.  But the complainant also remitted the said amount under protest and issued legal notice dated 23.2.2008 to refund the excess amount collected from the complainant.  The opposite parties has not refunded the excess amount.  Therefore the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.

2. The brief averments in the written version filed by the  opposite party is as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties state that the complainant’s husband Maria Jagadesan availed housing loan for a sum of Rs.5.50 lakhs from the opposite parties for purchase of house at Chennai and the said amount was sanctioned and disbursed at Trivandrum area office.   Subsequently the Said Maria Jagadesan transferred to Kochi, the Trivandrum area office has transferred the said file to Kochi.  Tr. Maria Jagadesan was a chronic defaulter in payment of EMI.  Further the opposite parties  state that on 10.2.2002 Tr. Maria Jagadesan was died and the death was duly informed by the complainant along with change of address at Chennai.   The 3^rd opposite party also informing the complainant that the loan file was transferred to Kochi SC office on 1.11.2011 itself  and requested the complainant to approach the Kochi SC office for marking payment and for any other clarification.  However the complainant has remitted a part of due loan amount of Rs.4,00,000/- to the 1^st opposite party.   The 1^st opposite party also informed the complainant that in the balance outstanding due and repayable by the complainant was Rs.1,78,952/-.  Thereafter the complainant failed and neglected to pay the equitable monthly installments. On 22.2.2006 the balance amount outstanding in the said loan account was Rs.4,92,028/-.  However considering the distress position of the complainant, the opposite parties accepted the repayment of Rs.1,78,952/- made by the complainant towards full and final settlement of the amount due in the said loan account and waived a sum of Rs.3,13,076/-.  The amount received from the complainant is only a principal amount outstanding after adjusting the payment of Rs.4,00,000/- made by the complainant on 14.2.2002.   The opposite parties have totally waived the interest, interest on Emi for the defaulted period and also the penal interest from the date of 14.2.2002 till the ate of settlement of full.    Hence there is no deficiency in service on the part of the opposite  parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A21 marked.  Proof affidavit of the opposite parties filed and no document marked on the side of the  opposite parties.

4.      The points for consideration is :

1. Whether the complainant is entitled to a sum of Rs.50,000/- paid excess towards loan amount as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.25,000/- as compensation for deficiency in service with cost as prayed for ?

 

5.    POINTS 1 & 2 :

          Both parties filed their respective written arguments.  Heard the opposite parties counsel also.   Perused the records (viz) complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that her husband Mr. Maria Jagadesan availed housing loan of Rs.5.50 lakhs from the 3^rd opposite party  for purchasing the house at Chennai when he was working at Trivandram is admitted.  As per the terms of the loan the interest charged by the 3^rd opposite party is 14% and the EMI amount is Rs.7,325/- total number of EMI is 180.   The said Maria Jagadesan deposited the title deeds of the house property with the 3^rd opposite party in order to create equitable mortgage also admitted.  

6.     On 10.2.2002   Maria Jagadesan was died when he was in service leaving behind the complainant and  two minor children as his legal heirs.  The death was immediately intimated to the 3^rd opposite party by letter dated 17.2.2002 as per Ex.A1.   The complainant requested the 3^rd opposite party to furnish the loan details with interest of the said Maria Jagadesan in order to clear the entire dues.    The complainant also informed  the change of address (vide) Ex.A2.  Further the complainant contended that immediately after the receipt of the death benefit of Maria Jagadesan the complainant remitted a sum of Rs.4,00,000/- towards the loan on 14.8.2002 as per Ex.A4.  The complainant repeatedly requested the opposite parties to inform the balance amount due if any and requested to waive interest and penal interest as per Ex.A5.  Since the opposite party has not responded, the complainant constrained to issue legal notice dated 5.5.2005 as per Ex.A9 for which the 2^nd opposite party sent a reply Ex.A12 dated 30.11.2006  informing that a sum of Rs.1,35,000/- du from 2002 and demanded a sum of Rs.3,88,095/-.  The complainant sent representation dated 12.12.2006 as per Ex.A13  to waive the interest to the tune of Rs.40,125/- for that the 2^nd opposite party sent reply Ex.A14 dated 22.12.2006 to the complainant  that he reduced the amount from Rs.4,92,028/- to Rs.2,54,832/- and directed to pay the said sum on or before 31.12.2006.   Thereafter the complainant sent letters dated 17.1.2007 Ex.A15, dated 5.3.2007 Ex.A16, dated 21.3.2007 Ex.A17 to the opposite parties to waive the interest on 30.4.2007 the 2^nd opposite party directed the complainant to pay a sum of Rs.1,78,952/-. The complainant also remitted the said amount under protest and issued legal notice dated 23.2.2008 as per Ex.A20 to refund the excess amount collected from the complainant and to pay a sum of Rs.25,000/- towards mental agony for which the opposite parties  sent reply Ex.A21 since the opposite parties has not refunded the excess amount.  Hence the complainant was constrained to file this case.

7.     The opposite parties also admitted in their written version that “ the opposite parties have totally waived the interest, interest on EMI for the defaulted period and also the penal interest from the date of 14.2.2002 till the date of settlement in full.”  is admitted in the proof affidavit,  proves that the opposite parties waived the interest and penal interest and other charges on 14.2.2002.  Immediately after remitting a sum of  Rs.4,00,000/- towards loan and the balance amount claimed is Rs.1,35,000/-.  But it is very clear from the records that the complainant paid a sum of Rs.1,78,952/- towards the settlement of the loan (i.e.) the opposite parties collected  a sum of Rs.48,952/- in excess.  

8.     The learned counsel for the opposite parties contended that admittedly the Maria Jagadesan availed housing loan for a sum of Rs.5.50 lakhs from the opposite parties for purchase of house at Chennai and the said amount was sanctioned and disbursed at Trivandrum area office.   Subsequently the Said Maria Jagadesan transferred to Kochi, the Trivandrum area office has transferred the said file to Kochi.  Tr. Maria Jagadesan was a chronic defaulter in payment of EMI and the said loan account was mounting.  But the opposite parties has not produced any record.  Further the opposite parties  contended that on 10.2.2002 Tr. Maria Jagadesan was died and the death was duly informed by the complainant along with change of address at Chennai.   The 3^rd opposite party also informed the complainant that the loan file was transferred to Kochi SC office on 1.11.2011 itself  and requested the complainant to approach the Kochi SC office for marking payment and for any other clarification.  However the complainant has remitted a part of due loan amount of Rs.4,00,000/- to the 1^st opposite party.   The 1^st opposite party also informed the complainant that in the balance outstanding due and repayable by the complainant was Rs.1,78,952/-.  Thereafter the complainant failed and neglected to pay the equitable monthly installments  and sent letters to the 3^rd opposite party claiming waiver of interest and penal interest etc.   The opposite parties in their reply dated 17.5.2005 stating that  as on 31.5.2005 the total amount outstanding due was Rs.3,32,670/- in which principle amount was Rs.1,78,952/-.  But there is no record.  Further the complainant was duly informed by letter dated 22.12.2006 including a statement of account showing the balance outstanding as on 31.12.2006 was Rs.4,92,098/-.  But the  opposite parties  admitted that the amount received from the complainant only a principle amount outstanding after adjusting payment of Rs.4,00,000/- as on 14.2.2002.   Further the contention of the opposite parties is that as on 14.8.2002 only the balance due was Rs.1,35,000/- claimed by the complainant is false.   The real outstanding amount after adjusting the payment of Rs.4,00,000/- was Rs.1,78,952/-  But the opposite parties has not produced any record.  On the other hand the opposite parties very clearly admitted in the written version  as well as proof affidavit that  “the opposite parties have totally waived the interest, interest on EMI for the defaulted period and also the penal interest from the date of 14.2.2002 till the date of settlement in full” proves that the opposite parties has collected a sum of Rs.43,752/- towards an excess amount.   Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to  return a sum of Rs.43,752/- with interest at the rate of 9% p.a. from the date of this complaint (i.e.) 29.9.2008  to till the date of this order (i.e) 22.2.2018 and also shall pay compensation of Rs.15,000/- for mental agony  with cost of Rs.5,000/- and the points are answered accordingly.

         In the result the complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to  return a sum of Rs.43,752/- (Rupees forty three thousand seven hundred and fifty two only)  with interest at the rate of 9% p.a. from the date of this complaint i.e. 29.9.2008  to till the date of this order i.e. 22.2.2018 and also shall pay compensation of Rs.15,000/- (Rupees Fifteen thousand only)  for mental agony  with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

          The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of February 2018. 

 

MEMBER –I                       MEMBER-II                              PRESIDENT.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1- 17.2.2002-  Copy of letter sent by the complainant to the 3^rd opp. party.

Ex.A2- 22.3.2002  - Copy of letter from complainant to 3^rd opp. party.

Ex.A3- 14.8.2002  - Copy of letter from complainant to opp. parties 1 & 3.

Ex.A4- 14.8.2002  - Copy of Stamped receipt issued by 1^st opp. party.

Ex.A5- 19.8.2004  - Copy of letter from the complainant to the 3^rd opp. party.

Ex.A6- 3.12.2004  - Copy of letter from complainant to 2^nd opp. party.

Ex.A7- 9.12.2004  - Copy of letter from 2^nd opp. party to the complainant.

Ex.A8- 21.2.2005  - Copy of letter from the complainant to 2^nd opp. party.

Ex.A9- 5.5.2005    - Copy of legal notice.

Ex.A10- 10.10.2006- Copy of letter from complainant to 2^nd opp. party.

Ex.A11- 18.12.2006- Copy of reply from 2^nd opp. party to complainant.

Ex.A12- 30.11.2006 – Copy of statement  sent by the 1^st opp. party.

Ex.A13- 12.12.2006 – Copy of letter from complainant to 2^nd opp. party.

Ex.A14- 22.12.2006 – Copy of reply from 2^nd opp. party.

Ex.A15- 28.2.2000 -  Copy of offer letter from 3^rd opp. party to complainant.

Ex.A16- 17.1.2007 -  Copy of letter from complainant to 2^nd opp. party.

Ex.A17- 5.3.2007  -   Copy of letter from complainant to 1^st opp. party.

Ex.A18- 21.3.2007         - Copy of letter from complainant to 1^st opp. party.

Ex.A19- 6.12.2007         - Copy of letter from complainant to 1^st opp. party.

Ex.A20- 23.2.2008         - Copy of legal notice.

Ex.A21- 8.4.2008   - Copy of reply received from opposite parties.  

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  ..Nil..

 

MEMBER –I                       MEMBER-II                              PRESIDENT.