Delhi

North

CC/69/2021

MANISH SHARMA - Complainant(s)

Versus

AXIS BANK LTD. - Opp.Party(s)

NIKHILESH KUMAR, ABHISHEK DEV, PRIYANK KUMAR JAIN

16 May 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No. 69/2021

 

In the matter of

Manish Sharma    

S/o Sh.M.C.Sharma

R/o-37, Pushpanjali Apartment

Sector-4, Plot -10, Dwarka

New Delhi.                                                           …              Complainant No.1

                            

Mrs.Jasmine Sharma

W/o Sh.Manish Sharma          

R/o-37, Pushpanjali Apartment

Sector-4, Plot -10, Dwarka

New Delhi.                                                            ……            Complainant No.2

 

         

Versus

Axis Bank Ltd.(earlier known as UTI Bank)

Through its manager

4/68, Asaf Ali Road

Near Delite Cinema

Delhi-110002                                                                 …      Opposite Party

ORDER
16/05/2023

Ms.Harpreet Kaur Charya, Member

          The present case has been filed by Sh. Manish Sharma, as Complainant No.1 and Ms. Jasmeen Sharma, as Complainant No.2 against Axis Bank Ltd., the Opposite Party (OP) with the allegations of deficiency in services

 

1. Facts necessary for the disposal of the present complaint are that the complainant entered into a tripartite agreement with the MVL Ltd., the builder/developer  to purchase a flat bearing No.401, 4^th floor, Wing C, Avenue-3, Media Video Ltd., Bhiwadi, Rajasthan on 28/06/2007 for a total sales consideration of Rs.31,56,742/ . 
2. The complainant had approached the OP for home loan of Rs,27,00,000/- which were duly sanctioned vide loan account bearing No. 245010601321195.  An amount of Rs.7,69,503/- was disbursed in favour of MVL Ltd.  as per instructions of the complainant. Thereafter, the dispute arose between the complainant and the developer, MVL Ltd as construction and project did not start as promised by the developer.  OP was duly instructed by the complainants not to disburse any further amount. An EMI of Rs. 7,982/- starting from 01/10/2007, which is being paid by the complainants for the last more than 13 years.  OP was requested to provide the statement of account, however, of no avail.  On 20/07/2020, OP instead of providing statement rephrased the loan on its own and provided a schedule of EMI staring from 20/06/2020 to 20/01/2036.  A letter dated 18/08/2020 was written by the complainants requesting for the current repayment schedule of the outstanding principle amount, but the same was not shared by OP.   
3. It has been further alleged by the complainants that they have paid EMI for the last more than 13 years against the total loan of Rs. 7,69,503/- but the statement provided by the OP Bank reflects that the complainants have to pay further EMI for another 16 years.  
4. A Legal notice dated 08/01/2021 was served upon the OP to provide a complete summary showing total amount paid by them against the loan account No.245010601321195, which was neither replied nor complied with.
5. The complainants have that they continued to pay EMI regularly despite, the fact that they were not in position to pay during the pandemic Covid.  Thus, complainants have prayed to:

1. Allow the present complaint with direction to OP to supply true and correct statement of loan account No. 245010601321195 showing the total amount paid by the complainant along with current balance  due;
2. Compensation of Rs. 5,00,000/- towards mental tension, agony and harassment;
3. Cost of present proceedings and any other order of relief which the commission deemed fit and appropriate in the interest of justice. 

6. The complainants have annexed the re-payment schedule dated 20/07/2020 as Annexure C-1, letter dated 18/08/2020 written to OP as Annexure C-2, Legal notice  dated 08/01/2021 along with postal receipt as Annexure C-3 with the complaint.
7. Notice of the present complaint was issued to OP, however neither any reply was filed on their behalf nor anyone appeared despite service.  Hence, they were proceeded ex-parte vide order dated 18/07/2022.
8. Ex-parte evidence was filed by the complainants.  Sh. Manish Sharma, Complainant No.1 was examined as CW-1 and Ms. Jasmine Sharma, Complainant No.2 was examined as CW-2.  They have repeated the contents of the complaint and have got exhibited the documents annexed with the complaint.  They have  got exhibited copy of statement of schedule and letter dated 18/08/2020 as Ex-C-1 & Ex.C-2;  the Legal notice dated 08/01/2021 as Ex.C-3; loan sanction letter as Ex.-C-4; statement of account from 21/08/2007 till 22/07/2020 showing the deduction of EMI as Ex.-C-5; Statement for claiming deduction under Section 80C and 24(b) of the Income Tax Act 1961 on 01/09/2021 reflecting  the outstanding balance  Rs.7,19,514/-  on 19/09/2021  as Ex.-C-6; Sanction letter issued by the OP as Ex-C-7.
9. We have heard the submission made by the Ld. Counsel for the complainants and have perused the material placed on record. The complainants have alleged that OP failed to supply true and correct statement of loan account No.245010601321195 showing the total amount paid by the complainant along with due current balance.  A look is to be made into the copy of the sanction letter Ex.C-4 which is of date 19/06/2007.  In support of their claim complainants have placed on record the statement for claiming reduction under section 80C and 24(b) of the Income Tax Act 1961 dated 01/09/2021 (Ex.C-6). As per the said letter it has been mentioned that the complainant No.1 has been granted a housing loan of Rs.7,69,503/- for the purchase of following house property, Appts. No.-401, 4h floor, Avenue 3, Wing C, MVL Coral, Bhiwari, Rajasthan and the said loan is repayable in EMIs comprising of principle and interest. 
10. Perusal of the letter dated 18/08/2020 and the Legal notice dated 08/01/2021, where the complainants have requested for the complete summary showing the total amount paid by the complainants with respect to the loan account No.245010601321195 with true and correct and outstanding balance.  As OP has been proceeded ex-parte, the allegations made by the complainants have remained unrebutted. Once, the complainants have been paying EMIs against the loan sanctioned by OP, they are entitled to receive the statement of loan account to ascertain as to how much amount has been paid by them against the loan account, failure on the part of OP to supply the same amounts to deficiency in services.

Therefore, in the facts and circumstance of the present case we direct OP to furnish the correct statement of loan account bearing No. 245010601321195.  The omission on the part of OP to handover the statement of loan account reflecting the total amount paid along with balance due has caused mental harassment and tension to the complainant, therefore, we direct OP to pay compensation of Rs.10,000/-, inclusive of litigation expenses. 

The order be complied within 30 days from the date of receipt of this order.  Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

         

 

(Harpreet Kaur Charya) Member

(Divya Jyoti Jaipuriar) President