Chandigarh

DF-II

CC/102/2020

Amarjit Singh - Complainant(s)

Versus

Bajaj Housing Finance Ltd. - Opp.Party(s)

Adv. Chanchal K. Singla

27 Sep 2022

ORDER

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

======

Consumer Complaint  No	:	102 of 2020
Date  of  Institution	:	07.02.2020
Date   of   Decision	:	27.09.2022

 

 

 

 

1]  Amarjit Singh son of Sh.Natha Singh, resident of House No.669, H/1, Ranjit Nagar, Sector 11, Kharar, Mohali.

2]  Mrs.Jagjit Kaur wife of Sh.Amarjit Singh, resident of House No.669, H/1, Ranjit Nagar, Sector 11, Kharar, Mohali.   

             …..Complainants

Versus

1]  Bajaj Housing Finance Ltd., Corporate Office, 4^th Floor, Bajaj Finserv Corporate Office, Off Pune Ahmedabad Road, Viman Nagar, Pune 411014, Maharashtra through its Managing Director.

    2^nd Address:-

    Cerebrum IT Park, B2 Building, 5^th Floor, Kumar city, Kalyani Nagar, Pune 411014, Maharashtra

    Registered Office:- Mumbai-Pune Road, Akrudi, Pune 411035, Maharashtra

2]  Bajaj Housing Finance Ltd., Branch Office SCO No.57-59, 1^st and 2^nd Floor, Sector 17-a, Opposite Hotel Taj, Chandigarh through its Branch Manager.

3]  Mr.Karan Manchanda, officer/Dealing Head, Branch Office, SCO 57-59, 1^st & 2^nd Floor, Sector 17-A, Opposite Hotel Taj, Chandigarh

4]  Sh.Sanjiv, Assistant, Branch Office, SCO 57-59, 1^st & 2^nd Floor, Sector 17-A, Opposite Hotel Taj, Chandigarh

    ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                                                        

 

 

Argued by :- Sh.Inderdeep Singh, Adv. for the complainant

              Sh.Hitender Kansal, Adv. for OPs

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the case of the complainants is that they got their Home Loan shifted from LIC Housing Corporation to Bajaj Housing Finances/OP Company on the assurance of getting less interest rate and also to get benefit of Pradhan Mantri Awaas Yojna (PMAY) to the tune of Rs.2.35 lacs.  Accordingly, the OPs sanctioned two loan accounts of Rs.9 lacs and Rs.6.54 lacs respectively at the rate of interest of 8.95% p.a. & 9.95% p.a. respectively vide letter dated 25.10.2018 (Ann.C-3 to C-6) in favour of complainants.  It is stated that the complainants noticed that the OPs instead of charging less interest @ 8.95% p.a. were charging it @9.05 p.a. and in this manner charged excess amount of Rs.5243/- towards interest then agreed from 5.4.2019 to 5.10.2019. The complainants reported this matter to the OPs whereupon the OPs vide email dated 19.9.2019 (Ann.C-18) intimated that rate of interest has been reduced to 8.60% p.a. & 9.30% p.a. to two loan accounts of complainants. 

 

         It is submitted that on 23.9.20219 when the complainant sent email to OPs enquiring about processing of his case under Pradhan Mantri Awaas Yojna, it was replied vide email dated 30.9.2019 that complainant’s case being transfer case is not covered under said scheme, whereas the primary reason of transfer of loan account to OPs was that they ensured to get the benefit of said scheme to the complainants (Ann.C-15 & C-16). It is submitted that there is no provision in Pradhan Mantri Awas Yojra that the persons who have transferred their loan account from one PLI/Bank to other PLI/Bank are not eligible for the interest subventions scheme (Ann.C-17). The complainants served a legal notice to OPs raising the said deficient act of the OPs, but to no avail.  Hence, this complaint has been filed. 

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the complainants have two loan accounts with OPs and grant of relief of rendition of account in relation to transaction with OPs is not maintainable before this Commission.  It is stated that the complainants themselves approached OPs for availing financial facility of balance transfer of existing loan as well as extension of loan, which were provided by OPs No.1 & 2. It is submitted that the complainant have taken two loan from answering OPs i.e. one for amounting to Rs.9 lacs and another for Rs.6,54,000/- and the rate of interest agreed between the complainant and answering OPs was @8.95% p.a. & 9.95% p.a. respectively at the time of loan, but later on the said rate of interest changed, as per the guidelines of RBI and now the rate of interest of both the loans are @8.60% and 9.30% respectively, so the question of charging excess interest would not arise (Ann.R-2 to R-4).

         It is pleaded that the Pardhan Mantri Awaas Yojana was provided to those family who should not own pucca house either in his/her name or in the name of any other family members, whereas the complainants were not entitled under the said scheme as they were already owner of Property No.669/4/1 Khata No.1472/1588, Khasra No.38//11/3/1, 20 situated at Kharar badbas No.184, SAS Nagar Mohali and in the said property the complainants took a loan of rs.11 lacs from LIC Housing Finance Limited on 6.2.2010 which was later on paid by the complainants on 27.11.2018 by paying an amount of Rs.8,86,650/- which was borrowed by complainants from answering OPs.  Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint. 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have gone through entire documents on record.

 

5]       The thorough perusal of the documents and evidence on record especially Ann.C-7 (Repayment Schedule) proves that the OP Company has charged excess rate of interest @9.05 against agreed rate of interest of @8.60 during the period 5.4.2019 to 5.10.2019 amounting to Rs.5243/- and set it right @8.60 only from 5.1.2019 onwards. Therefore, the complainant is entitled for refund of said excess interest amount of Rs.5243/- charged by OP Company, as prayed for.

 

6]       The complainant has not impleaded Ministry of Housing & Urban Poverty Alleviation, Govt. of India, as a party to the present complaint, which is the main authority to say about the complainant’s eligibility & entitlement to get alleged relief under Pradhan Mantri Awas Yojana.  Therefore, no deficiency is made out against the OPs qua said claim. 

 

7]       Taking into consideration the above discussion and findings, we partly allow the present complaint with direction to the OPs to refund excess interest amount of Rs.5243/- to the complainant, along with compository amount of Rs.5000/- towards compensation for harassment & agony as well as litigation costs.  

         This order shall be complied with by OPs within a period of 45 days from the date of receipt of copy of this order, failing which they shall be liable to pay additional cost of Rs.10,000/-, apart from above relief.         

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

Announced                                                     

27^th September, 2022                               

                                                                        Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

 (B. M. SHARMA)

MEMBER