Chandigarh

DF-II

CC/970/2016

Manjeet Singh Ganda - Complainant(s)

Versus

Axis Bank Limited - Opp.Party(s)

Sandeep Bhardwaj Adv.

29 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	970 of 2016
Date  of  Institution	:	18.11.2016
Date   of   Decision	:	29.09.2017

 

 

 

 

1]  Manjeet Singh Ganda, H.No.2214, Jal Vayu Vihar, Sector 67, Mohali.

2]  Kuljeet Kaur w/o Manjeet Singh Ganda, House No.2214, Jal Vayu Vihar, Sector 67, Mohali.    

                               …..Complainants

Versus

1]  Axis Bank Private Limited, Sector 35, Main Branch, Chandigarh.

2]  Chandigarh Housing Hoard, 8 Jan Marg, Sector 9, Chandigarh 160019

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN                PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

                               

Argued by :     Sh.Sandeep Bhardwaj, counsel for complainant.

                Opposite Party No.1 exparte.

No relief against OP No.2 vide zimni order      dated 1.12.2016

  

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainant No.1 purchased Two Bedroom Flat from Opposite Party No.2 on free hold basis and the price of the unit was Rs.47,39,000/- (Ann.C-1).  It is averred that the complainant paid an amount of Rs.11,84,750/- to Opposite Party No.2 and as per schedule of payment, the first installment of Rs.13,29,681/- was to be payable within six months, second installment of Rs.13,29,681/- was to be payable within 12 months and third installment was to be paid within 18 months from the date of Acceptance cum Demand letter dated 25.4.2012.  It is averred that the complainant availed loan from Opposite Party No.1 and Home Loan Agreement was executed on 17.4.2013 between the complainant No.1 and Opposite Party NO.1 (Ann.C-3) according to which the Opposite Party No.1 was to disburse the home loan by issuing a Banker’s payment order or a demand draft in the name of seller or vendor towards payment of purchase price of the property from whom the property is being purchased utilizing the home loan. The complainant was to repay the loan in 120 monthly installments of Rs.24,247/-. It is submitted that third installment of Rs.13,29,681/- and part payment of 4^th installment were paid by OP No.1 to Opposite Party No.2 on behalf of the complainants. However, the complainant NO.1 received an allotment letter dated 1.1.2015 (Ann.C-5) in continuation of letter NO.5183, dated 25.4.2012  (Ann.C-1) from Opposite Party NO.2 vide it charged Rs.39,890/- as penalty on delay payments of 3^rd and 4^th part payment installments.  It is submitted that the Opposite Party NO.1 through debited the amount of third & part payment of fourth installment from the account of complainants well in time, but credited the same in the account of Opposite Party NO.2 with delay of one day, as a result the Opposite Party NO.1 asked the complainant to pay the penalty charges of Rs.39,890/-0 for delay payment of installments (Ann.C-4 & C-6).  Thereafter, the complainant sent letter to Opposite Party No.1 asking it to pay the charges of penalty of Rs.39,890/- on account of delay payment of installment to Opposite Party NO.2 followed by another letter (Ann.C-7 & C-8), but to no avail.  It is averred that there is no fault on the part of the complainants in paying the late installmentd and the fault lies with Opposite Party NO.1 who credited the installments in the account of Opposite Party NO.2 late.  Hence, this complaint has been filed alleging deficiency in service on the part of Opposite Party NO.1.

 

2]       Opposite Party No.1 did not turn up despite service of notice sent through regd. post on 5.12.2016, hence it was proceeded exparte vide order dated 9.1.2017.

 

         The complainants had moved an application for considering the prayer against Opposite Party No.1 only and not against Opposite Party No.2, which was allowed vide zimni order dated 1.12.2016. 

 

3]       Complainant led evidence in support of his contentions. 

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       The allotment of flat in the name of complainant No.1 by Opposite Party No.2 and availing of loan from Opposite Party NO.1 for Rs.18,15,686/-  is proved from Ann.C-1 & C-3. It is also proved that the Opposite Party No.2 was to make payment to Opposite Party NO.1 as per the loan agreement.  It is also proved from Ann.C-5 that the complainant was charged Rs.39,890/- as penalty on delayed payment by Opposite Party No.2. It is also proved from record that there is no fault on the part of the complainants in paying the late installment and the fault lies with Opposite Party NO.1 who credited the installments in the account of Opposite Party NO.2 late, therefore, Opposite Party NO.1 is liable to reimburse the said amount to the complainant.

 

6]       The absence of Opposite Party No.1 draws an adverse inference that despite having knowledge of the dispute in question, it chose not to appear and it did not come forward to defend the claim of the complainants for the simple reason that either it admit the claim of the complainant or left with nothing to contradict the claim raised by the complainants. Hence, the allegations of the complainants supported by duly sworn affidavit goes unrebutted and unchallenged.

 

7]       In the light of above observations, we are of the opinion that the deficiency in service on the part of Opposite Party No.1 is proved.  Therefore, the present complaint of the Complainant is allowed qua Opposite Party No.1 with following directions:

 

[a]      To pay Rs.39,890/- to the complainant paid by him as penal charges on account of delay payment of installments;

 

[b]      To pay Rs.7,000/- to the complainants as consolidated amount of compensation for causing mental agony and harassment for the deficiency in service of the OPs.

 

[c]     To pay Rs.5,000/- towards litigation expenses to the complainants. 

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Party NO.1; thereafter, it shall be liable to pay an interest @12% per annum on amount as mentioned in sub-para [a] & [b] above from the date of filing this complaint till it is paid, apart from complying with directions as at sub-para [c] above.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

29^th September, 2017                                                                         Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

sd/-

(RAVINDER SINGH)

MEMBER