DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Satnam Singh s/o Sh. Khushal Singh r/o H.No.641, First Floor, SAS Nagar (Mohali),

                                      ---Complainant.

Versus

Axis Bank, through its Credit Manager, Home Loan Branch, SCO 350-52, Second Floor, Sector 34-A, Chandigarh (U.T).

---Opposite Party

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Complainant in person

                        OP exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Sh. Satnam Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

i)                   To pay Rs.20,000/- for expenses incurred for preparation of documents etc.

ii)                To pay Rs.50,000/- as compensation for mental agony and harassment.

iii)              To pay Rs.11,000/- as costs of litigation. 

2.                           In brief, the case of the complainant is that he purchased flat No.223/1, Block No.9 Village Chajju Majra, Tehsil Kharar, District Mohali vide allotment letter dated 5.6.2011.  As the complainant was not having sufficient funds, so he applied to the opposite party for a loan. The opposite party sanctioned a loan of Rs.10,00,000/- to the complainant vide letter dated 16.7.2012 (C-1).  Thereafter, the tripartite agreement (C-2) and Home Loan agreement (C-3) were also executed. 

                   According to the complainant, despite sanction letter, the opposite party did not disburse the loan which caused him lot of harassment and he had to take loan from some other bank.  Thereafter vide letter (C-4), the complainant requested the opposite party to refund the amount of Rs.5,618/- which was charged from him as processing fee. But the opposite party failed to do so.

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           The opposite party was duly served.  However, none appeared on its behalf.  Hence, vide order dated 2.4.2013, it was proceeded against exparte.

4.                           We have heard the complainant in person and have gone through the documents on record.

5.                           According to the complainant, he applied for a loan for purchasing flat No.223/1, Block no.9, Village Chajju Majra, Tehsil Kharar, District Mohali.  Annexure C-1 is the copy of the Power Home Sanction Letter. Annexure C-2 is the copy of the tripartite agreement dated 19.7.2012.  Annexure C-3 is the copy of the home loan agreement.  From the above said documents, read with the affidavit of the complainant, it is proved that the opposite party had sanctioned a loan of Rs.10,34,549/- in favour of the complainant.  Despite sanction of the loan the same was not disbursed to him.  No reason whatsoever has been given for non disbursement of the loan.  The complainant had to suffer a lot of embarrassment.  As the sale consideration of the flat was to be paid, the complainant had to arrange loan from some other bank.  C-4 is the copy of the letter through which the complainant requested the opposite party to refund the amount of Rs.5,618/- charged from him as processing charges, but the opposite party failed to do so.  The complainant has also filed his duly sworn affidavit in support of his averments in the complaint.    

6.                           The opposite party did not appear to controvert the averments of the complainant. Failure on the part of the opposite party to disburse the loan, despite the fact that it was sanctioned, amounts to deficiency in service.

7.                           In view of the above discussion, the present complaint is allowed and the opposite party is directed as under :-

i)                   To pay Rs.15,000/- as compensation for mental agony and harassment caused to the complainant

ii)                To pay Rs.10,000/- as litigation costs.

8.                           This order be complied with by the opposite party within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) above shall carry interest @18% per annum from the date of filing of this complaint till actual payment, besides payment of litigation costs.

9.                           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

3.4.2013.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER