Haryana

StateCommission

A/363/2015

THE HARYANA STATE COOPERATIVE HOUSING FEDERATION LTD. - Complainant(s)

Versus

BIRBAL AND ANOTHER - Opp.Party(s)

PARDEEP SOLATH

10 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

    First Appeal No  : 363 & 364 of 2015

      Date of Institution:           22.04.2015

                                                    Date of Decision :            10.08.2015

Appeal No.363 of 2015

Haryana State Cooperative Housing Federation, Bays No49-52, Sector-2, Panchkula through its Managing Director.

                                      Appellant-Opposite Party No.2

Versus

 

1.      Birbal s/o Sh. Banwari Lal, Resident of Kurukshetra, Tehsil and District Kurukshetra.

          Respondent-Complainant

2.      The Adarsh Cooperative House Building Society Limited, Kurukshetra at H.No.2027, Sector-4, Housing Board Colony, Kurukshetra (Haryana) through its Secretary.

                                      Respondent-Opposite Party No.1

 

Appeal No.364 of 2015

 

The Adarsh Cooperative House Building Society Limited, Kurukshetra at H.no.2027, Sector-4, Housing Board Colony, Kurukshetra (Haryana) through its Vice-President Shri Babu Ram.

Appellant-Opposite Party No.1

Versus

1.      Birbal s/o Sh. Banwari Lal, Resident of Kurukshetra, Tehsil and District Kurukshetra.

          Respondent-Complainant

 

2.      Haryana State Cooperative Housing Federation, Bays No49-52, Sector-2, Panchkula through its Managing Director

                                      Respondent-Opposite Party No.2

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                

Present:              Shri Satbir Mor, Advocate for appellants-Opposite Parties.

                             Shri Birbal-Respondent (complainant) in person.

                              

O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This order shall dispose of afore-mentioned two appeals bearing No.363  and 364 of 2015 having arisen out of the common order dated February 26^th, 2015, passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Kurukshetra in Complaint No.171 of 2013.

2.      Appeal No.363 of 2015 has been filed by Haryana State Cooperative Housing Federation (HOUSEFED)-Opposite Party No.2 and the appeal No.364 of 2015 has been filed by The Adarsh Cooperative House Building Society Limited (hereinafter referred to as ‘the Society’)-Opposite Party No.1.

3.      Birbal-complainant (respondent No.1 herein) was sanctioned loan of Rs.1,00,000/- by HOUSEFED-Opposite Party No.2 through the Society-Opposite Party No.1 for construction of his house. The loan was advanced to him. It was to be repaid by way of 80 equated quarterly instalments. In case of default, a penal interest at the rate of 17% was to be charged.   

4.      The complainant filed complaint averring that he has paid Rs.3,84,456/- towards his loan amount but the opposite parties did not issue ‘No Dues Certificate’ and also did not return the original sale-deed of his plot.

5.      The opposite parties contested complaint. The opposite party No.1 in its reply denied the payment of Rs.3,84,450/- by the complainant. It was stated that a sum of Rs.2,12,950/- was deposited by the complainant with the opposite party No.1. No Dues Certificate and the Original Sale Deed could be released after clearing the entire loan.

6.      The opposite party No.2 –The Haryana State Cooperative Housing Federation Limited (HOUSEFED) in its separate reply stated that a sum of Rs.2,48,497/- was returned by the complainant towards his loan and a sum of Rs.2,71,357/- was still due against the complainant including interest upto 30.09.2013 and it was entitled to interest from 01.10.2013 till its realization.

7.      After evaluating the evidence of the parties, the District Forum accepted complaint and issued direction as under:-

“………..we accept the present complaint and direct the OP No.1 to issue a fresh statement of account duly verified by Chartered Accountant after adjusting the amount of Rs.1,68,906/- deposited by the complainant before OP No.2 against his loan amount of Rs.1,00,000/-. We also direct the Ops while issuing a fresh statement of account to give benefit of penal interest of 75% to the complainant on the amount of Rs.1,68,000/- which the complainant has deposited on 17/18.12.2012 in response of the scheme of Op No.1 which was from 18.4.2012 to 31.12.2012. We also direct the Ops to issue no due certificate and to return the original sale deed bearing No.636 dated 22.5.1996 in the event no amount is found due against the complainant. We also direct OP No.1 to pay an amount of Rs.10,000/- to the complainant as compensation for causing harassment etc on account of not depositing the loan amount to OP No.2 against his loan after receiving from complainant. We further direct OP No.1 to pay Rs.5500/- to the complainant as litigation expenses. This order should be complied within a period of 30 days, failing which penal action Section 27 of the Consumer Protection Act, 1986 would be initiated against the Ops”.

8.      The only argument raised by the learned counsel for the appellants was that the amount deposited by the complainant in the account of the opposite party No.2 cannot be taken to have been validly deposited. This Commission does not concur with this contention. Since, the amount stands paid by the complainant pursuance to demand raised by the opposite party No.2 and in their bank account, the same cannot be ignored. Taking that amount into consideration, no amount remains due against the complainant.

9.      Having taken into consideration the evidence available on the record and no amount remaining due, no case for interference in the impugned order is made out.

10.    Hence, both the appeals are dismissed.

11.    The statutory amount of Rs.7750/- deposited at the time of filing appeal No.364 of 2015, be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

    

Announced 10.08.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL