Haryana

StateCommission

A/449/2016

HOUSEFED - Complainant(s)

Versus

CHANDER SHEKHAR - Opp.Party(s)

PARDEEP SOLATH

10 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                       

First Appeal No.449 of 2016

Date of Institution:06/20.05.2016

Date of Decision:10.06.2016

 

Haryana State Coop. Housing Federation, Bays NO.49-52, Sector-2, Panchkula through its Managing Director.

     …..Appellant

                                                Versus

1. Sh.Chander Shekhar s/o Sh.Raja Ram, r/o H.No.771, Sector-7, Urban Estate, Karnal.
2. The Krishana Coop. House Building Society Ltd., 152, Sant Nagar, Hansi Chowk, Karnal through its Secretary.

         …..Respondents

CORAM:     Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-     Mr.Pardeep Solath, Advocate for the appellant.

 

O R D E R

 

URVASHI AGNIHOTRI MEMBER:

 

1. Haryana State Coop., Housing Federation, OP/appellant is in appeal against the Order dated 31.03.2016 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Karnal, whereby the complaint of Chander Shekhar has been allowed and the OP has been directed to return the original title deeds of the complainant and other loan documents in respect of house No.771, Sector 7, Urban Estate, Karnal and to redeem the said house from mortgage and to pay a sum of Rs.5500/- on account of mental agony and litigation expenses.
2. In brief, the complainant obtained loan of Rs.two lakhs from OPs for construction of his house No.771, Sector 7, Urban Estate, Karnal.  The original documents of the said house were deposited and the same mortgaged with the OPs. He paid the entire loan amount to the OPs in installments and the OP No.1 prepared the statements of accounts regarding pending dues upto 01.11.2011 along with interest thereon upto 30.11.2012. As per the statement of accounts, a sum of Rs.3,96,368/- were outstanding against him and he paid an amount of Rs.3,85,000/- through demand draft No.670309 dated 29.11.2012 in favour of OP No.2 and Rs.11368/- in cash, vide receipt No.4494 dated 29.11.2012. Thus the entire outstanding amount was paid by him to the OPs. Thereafter, the OP No.1 issued No Dues Certificate in his favour on 30.11.2012. He was assured by the OPs that original documents would be returned to him within one or two day’s alongwith the redemption of the mortgage deed. He visited the office of OP No.1, but was told that original documents and mortgage deed were to be returned by the OP No.2. Thereafter, he visited the OP No.2 twice for return of the documents, but they refused to return the same. Alleging deficiency in service on the part of the OPs, the complainant approached the District Forum praying that OPs 1 & 2 be directed to return the original documents i.e. title deed and mortgage deed alongwith the redemption endorsement etc. to the complainant and OP be directed to make the payment of compensation of Rs.10,000/- and Rs.5,000/- as litigation expenses.
3. Justifying their action, the OP No.2 appeared and filed written statement disputing the claim of the complainant. Objections have been raised that the complaint was not legally maintainable. It has been admitted that an amount of Rs.3,96,368/- was outstanding against the complainant. The complainant failed to repay the loan amount alongwith interest, hence, the original documents could not be returned to him. The other allegations made in the complaint have been denied. The plea of the OPs was however, rejected and the learned District Forum allowed the complaint on 31.03.2016 by granting the aforesaid relief.  
4. Against the impugned order dated 31.03.2016, the OP-2/ appellant have filed appeal before us reiterating their earlier pleas raised before the District Forum. We have heard the learned counsel for the appellant and have gone through the record. It is evident that against the total amount of loan borrowed by the complainant, he has repaid the entire amount alongwith interest etc. to OP-1. The balance of Rs.11,368/- was also paid in cash on 29.11.2012 vide receipt No.4494. It was thereupon that on the next date OP-1 issued the “No Dues Certificate”. Thus, nothing was left unpaid by the complainant. If due to their mutual understanding between OP No.1 and OP No.2, the amount of loan alongwith interest repaid by the complainant was not shared, the complainant was not responsible for the same. Due to their internal dispute, the original documents of the complainant could not be retained by them.
5. In view of this the learned District Forum has rightly allowed the complaint and directed the OPs to return the original documents to the complainant immediately. Consequently, we do not find any merit in the appeal and dismiss the same by upholding the order of the learned District Forum.
6. The statutory amount of Rs.2750/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

June 10th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.