DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA
Received by way of transfer Consumer Complaint No.230 of 2018
Date of institution: 05.04.2018
Date of Decision:18.07.2022
Dr. Ravi Ramsaran Khera C/o Kanchan Hospital, New Aman Nagar, Near St. Marry Church, Salem Tabri, Ludhiana
…….Complainant
Versus
- Bajaj Finserv Limited C/o 1st and 2nd Floor, SCF-35-G, Bhai Randhir Singh Nagar, Opposite Police Station, Orient Cinema Road, Ludhiana, through its General Manager
- Bajaj Finserv Limited having its registered office at Mumbai-Pune Road, Akurdi, Pune 411035 through its General Manager/Managing Director
- Mr. Manish Sharma authorized representative of Bajaj Finserv Limited C/o 1st and 2nd Floor, SCF-35-G, Bhai Randhir Singh Nagar, Opposite Police Station, Orient Cinema Road, Ludhiana.
- Mr. Nishit Vats, authorized representative of Bajaj Finserv Limited C/o 1st and 2nd Floor, SCF-35-G, Bhai Randhir Singh Nagar, Opposite Police Station, Orient Cinema Road, Ludhiana.
……..Opposite Parties
QUORUM:
HON’BLE MR. RANJIT SINGH, PRESIDENT.
HON’BLE MRS. RANVIR KAUR, MEMBER
PRESENT:
Sh.Sunil Goel, Adv. counsel for complainant
Sh. Sumit Jain, Adv. For OPs No.1 & 2
Complaint not admitted against OPs No.3 & 4
ORDER
SH. RANJIT SINGH, PRESIDENT
The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the complainant has borrowed a housing loan of Rs.15,00,000/- in the year 2004 from Punjab National Bank, Kesar Ganji Mandi Branch, Ludhiana, and is maintaining his financial discipline very well till today. In the month of June, 2017, OPs No.3 & 4 being the authorized representative of opposite party No.1 approached the complainant and allured him about attractive housing loan schemes and topup schemes and had drawn the false rosy pictures before the complainant and believing their representations to be true, complainant agreed to take over of his present loan from Punjab National Bank to the financial institution of opposite parties. The OPS No.3 & 4 being legal representative of OPs No.1 & 2 have obtained signatures on some blank papers and on some printed papers and cheques were issued to them on their demand but the same were to presented only after the takeover of the loan. At the time of signing the said documents and cheques the OPs has given the assurance to the complainant that they will immediately take over the said loan to their financial institution after fulfilling the necessary formalities with Punjab National Bank and they further assured that they will issue the insurance policy in the name of complainant. So meaning thereby that as the complainant is the borrower of the said loan, so all the documents were to be signed and executed by him only and the agreed insurance policy were to be issued in the name only. It is further alleged that before completion of necessary formalities, the ops deliberately issued the insurance policy in the name of wife of the complainant instead of complainant itself. Without completion of the necessary formalities for taking over the loan from Punjab National Bank, the opposite parties illegally deducted an amount of EMI of Rs.37081 and Rs.1860/- towards administrative charges and Rs.40,000/- towards issuance of insurance policy in the month of June, 2017. Thereafter, the complainant approached the Ops and requested them to refund the said illegally deducted amount but the OPs did not heed to the genuine requests of the complainant and delaying the matter of refund one or other false pretext. After that the complainant served a legal notice to the Ops through his Advocate and after receiving the legal notice, the OPs refunded an amount of Rs.81010/- on 27.9.2017. When, the complainant minutely scrutinized his bank statement, he was shocked to see that the OPs has also deducted an amount of Rs.8234/- towards file processing charges and Rs.5750/- and Rs.9500/- , total of which comes out of Rs.23484/-. Thereafter again the complainant served a legal notice to the Ops but till date the Ops delaying the matter on or other false pretext. The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice and it has caused mental as well as physical agony and also caused inconvenience to the complainant. Vide instant complaint, the complainant has sought the following reliefs:-
- To refund Rs.23,484/- along with interest @ 18% per annum
- To pay compensation of Rs.50,000/- on account of mental harassment, which the complainant has to face due to irresponsible attitude of the OPs.
- To pay Rs.15,000/- as litigation expenses.
- In reply, the OP has filed written reply taking preliminary objections; that complaint is not maintainable; that the matter in dispute requires elaborate evidence and the same can be properly adjudicated before the Civil Courts; that the complainant has no cause of action to file the comkplaint; that the complaint is barred; that the complaint is not maintainable due to non joinder and mis joinder of necessary parties; that the complainant has deliberately not included Punjab National Bank as necessary party; that this Hon’ble Commission has neither territorial jurisdiction nor pecuniary jurisdiction to try the matter in dispute; that the present complaint is filed by the complainant on false and fabricated grounds. On merits, it is stated that no blank papers were signed by the complainant and the complainant has signed all the papers after reading and understanding the same. It may be noted that the complainant’s application for availing the Home Balance Transfer and TOP UP loan got cancelled due to missing chain link in LOD. Both the home loans were sanctioned vide account No.4260HL43027507 and Loan account No.4260HL43030696 for an amount of Rs.1,50,000/- and Rs.28,90,000/- respectively subject to fulfillment of necessary documentation and other terms and conditions as stipulated in sanction letter. However, the Ops found some disconnects of non availability of List of Documents which are condition precedent to create the equitable mortgage. Hence, both the loans accounts were cancelled citing the reasons stated above to the complainant and OPs have also refunded a sum of Rs.81010/- to the complainant and complainant has specifically admitted the receipt of the same. All the documentations become infructuous and void about which the complainant has not come out clean and transparent before this Commission. Rest of allegations leveled by the complainant against the answering OP have been denied and prayed for dismissal the complaint.
3. In support of the complaint, the complainant has tendered various documents. On the other hand, the OPs No.1 & 2 also tendered certain documents in support of their version.
4. We have heard the learned counsel for the parties and have gone through the record of the file, carefully.
5. From the perusal of the evidence on record, it reveals that documentation is required for any loan take over from any bank. In this case, the OP says that the list of documents were not completed by the complainant, it means that OP admitted the fact that complainant did not complete the documents, without completing list of documents, how can take over the loan by the OP? It is important to mention here that after receiving the legal notice, the OP has refund the amount deducted illegally by it to the complainant. But when the complainant again checked his account statement, then he was to see that more amount was deducted by the OPs. From the documents in support of his claim produced by the complainant, it is crystal clear that the OPs have deducted the amount of Rs.23484/- illegally from the account of the complainant.
7. In the light of aforesaid scenario the complainant is entitled to the amount of Rs.23,484/- deducted by the OPs along interest @ 7% per annum from the date deducting from his bank account. The OPs are further directed to pay Rs.10,000/- as compensation and Rs.5000/- as litigation expenses. The OPs are further directed to comply with the said order within a period of 30 days from the date of receiving the certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
July 18, 2022
(Ranjit Singh)
(Ranvir Kaur)
RBT/ CC No.230 of 2018
Present: Sh.Sunil Goel, Adv. counsel for complainant
Sh. Sumit Jain, Adv. For OPs No.1 & 2
Complaint not admitted against OPs No.3 & 4
Vide our separate detailed order of today, the complaint stands allowed. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
July,18 2022
(Ranjit Singh)
(Ranvir Kaur)
