ORDER

Complaint under  Sec.12 of the CPA 1986 as amended upto date

Ms. Nipur Chandna, Member

          The complainant had applied for a home loan for a sum of Rs.60,00,000/- to purchase a house in the month of November, 2009.  It is alleged by the complainant that she had paid a sum of Rs.2,809/- vide cheque no. 855498 drawn on ICICI Bank to the OP towards the processing charges of the aforesaid loan. It is further alleged by the complainant that the aforesaid housing loan was      sanctioned by the OP vide sanction letter dated 30.3.2010 and complainant had further paid a sum of Rs.1,00,000/- vide DD No. 265611 dated 31.3.2010 to the OP as a security amount as per the direction for the OP.  It is alleged by the complainant that despite issuing the aforesaid sanction letter, OP failed to disburse the aforesaid loan amount. 

     It is further alleged by the complainant that on 16.4.2010, OP deducted an amount of Rs.8,667/- from her account without even disbursing the sanctioned loan amount when the complainant enquired from the OP about the aforesaid deduction, the OP did not give any satisfactory answer.  The complainant thereafter requested to the OP vide letter dated 20.4.2010 to cancel the sanctioned loan and refund the amount paid, and also to return the cheques handed over to it.  The OP failed to comply with the request of the complainant.  It is alleged by the complainant that OP has been guilty of deficiency in services as a result of which she had suffered a huge monetary loss.  Hence, the complaint.  

     A notice of the complaint was sent to the OP by registered A.D. post Sh. S M Tripathi, Counsel for the OP filed vakalatnama and collected the Copy of the complaint on 5.12.2012. No reply has been filed by the OP despites several opportunities.  The OP had chosen not to contest and has been ordered to the proceeded with exparte.

     In his exparte evidence the complainant has filed his own affidavit, wherein she has corroborated the contents of the complaint.

     We have heard argument advanced at bar and have perused the record.

     The complainant has placed on record the copy of sanctioned letter dated 30.3.2010 i.e. Ex-CW1/2.  The Complainant has also placed on record receipt of Rs.1,00,000/- issued by the OP i.e. Ex-CW1/3.  The complainant has also placed on record the letter dated 20.4.2010 vide which she had requested the OP to cancel the sanctioned loan.

     The OP bank had corrected a sum of Rs.2,809/- as processing charges from the complainant.  Despite the sanction of the loan vide letter dated 30.3.2010, the OP had failed to disburse the said loan amount to the complainant. The complainants were kept in dark and her requests in this regard were not attended to.  A copy of the correspondence exchanged between the complainant and the OP bank filed on record gives an insight into the manner in which the OP has functioned in this case.  The OP has failed to disburse the amount of loan and to refund the amounts deposited/paid by the complainant.    We, therefore, hold that this is the act of deficiency on the part of the OP. 

     From the un-rebutted testimony of the complainant as well as the document placed on record.  We are convinced that the story put-forth by the complainant is true. The OP had failed to perform its part of contract and was thus guilty of deficiency in services to the Complainant.

     We therefore, direct the OP as under:-

1. Refund to the complainant a sum of Rs.1,11,476/- (1,00,000 + 2,809 + 8667) alongwith interest @ 10% p.a. from the date of institution of complaint i.e. 36.4.2012 till payment.
2. Pay to the complainant a sum of Rs.20,000/- as compensation for the pain and agony suffered by her.
3. Pay to the complainant a sum of Rs.5000/- as cost of litigation.
4. To return the un-used cheques/papers of the complainant lying with the bank.

     The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

          Copy of the order be made available to the parties as per rule.  File be consigned to record room.

          Announced in open sitting of the Forum on.....................

     (NIPUR CHANDNA)   (DR. VIKRAM DABAS)       (RAKESH KAPOOR)                                   MEMBER                              MEMBER                                  PRESIDENT