ORDER IN CC/447/2024

PER : Hon. Shri Sameer S. Kamble, Member

1.                     Heard Complainant on admission, perused complaint and documents filed on record.

2.                     Complainant pleaded in complaint that, in the year 2020, he has availed home loan from Opposite Party no1 & 2 bearing loan account no.PHR032705153576 and CRM Sr. No. 9380557 on the flat premises bearing no. 105, first floor, building known as “Navratna Plaza” situated at Badlapur (West).

3.                     The Complainant regularly paying EMI of Rs. 23,126/- per month. In December 2023, the Complainant came to knowledge that said flat premises was mortgaged with Opposite party no. 3 & 4 and pleaded that said flat premises is under possession of third party.

4.                     The Complainant sent legal notice on 12/12/2023 and also on 05/03/2024.  The Opposite Party no. 1 & 2 knowing this fact of earlier two loans they are claiming EMI from Complainant they have bounced EMI of Complainant and thereby affected Complainant’s CIBIL.  Complainant when visited said flat at Badlapur many notices were sticked outside the doors of the said flat.

5.                     The Complainant took search report from search clerk wherein it is clearly visible that there were loans pending on said flat and also possession was taken by Opposite Party no. 3.  The Complainant pleaded that he was victim of fraud and Opposite Parties wrongfully enjoying EMI from the Complainant.

6.                     The facts of complaint are harping more on fraud on Complainant which requires detail evidence of both parties for proper adjudication and that the present complaint cannot be decided summarily and that the case of fraud is out of the scope of jurisdiction of this Commission.  Therefore, the Complaint is not admitted for want of jurisdiction, hence rejected.