Haryana

StateCommission

A/1067/2016

INDIABULLS HOSING FINANCE LTD. - Complainant(s)

Versus

COMMANDER ASHOK KUMAR ANAND - Opp.Party(s)

P.M.GOYAL

16 Jan 2017

ORDER

 

STAE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.1067  of 2016

 Date of Institution:07.11.2016

  Date  of  Decision:16.01.2017

 

Indiabulls Housing Finance Limited, Indiabulls, House, Udyog vihar Phase-IV, Gurgaon.

…..Appellant

Versus

 

1.      Commander Ashok Kumar Anand, S/o Sh.Dharamvir Anand, R/o L-3/30 DLF City Phase-II, Gurgaon (Haryana)..

2.      Mrs Renu Anand W/o Commander Ashok Kumar L-3/30, DLF city PH-II, Gurgaon.

…..Respondents

 

CORAM:             Mr.R.K.Bishnoi, Judicial  Member

                              Mrs.Urvashi Agnihotri, Member

                   

Present:-    Mr.Hitender Kansal proxy counsel for Mr.P.M.Goyal,, Advocate counsel for the appellant.

                  

                                                 ORDER

R.K.BISHNOI, JUDICIAL MEMBER:

           

It was alleged by complainant that he applied for housing loan with opposite party (O.P.). Loan agreement was executed on 15.03.2011 between them and loan was to be disbursed on 18.04.2011 and as such pre-EMI interest was to be charged from the date of disbursal of the loan i.e. on 18.04.2011 interest was to be charged from  18.04.2011 to 09.05.2011, whereas the scheme was commenced from 10.05.2011.  O.P. charged illegal interest of Rs.72147/- from him.  O.P. recovered first EMI on 10.05.2011, whereas the same was recoverable from 10.06.2011. He requested OP to accept part payment, but, O.P. did not accept the same. He challenged the charging of interest on monthly basis instead of on daily reducing basis.

2.      O.P. was proceeded ex parte vide order dated 29.07.2016.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Gurgaon (In short “District Forum”)  allowed complaint vide impugned order dated 30.08.2016 and directed as under:-

“Thus, we direct the opposite party to refund an amount of  Rs.48082/- (if not refunded) to the complainant which has been charged on account of wrong fixing of EMI date.

The opposite party is also directed to pay a sum of  Rs.13261/- (if not refunded) on account of wrong denial of part pre-payment as the opposite party was under an obligation to charge interest on daily reducing basis.  The opposite party is further directed to pay Rs.10,000/- as compensation for mental agony and harassment and litigation charges.”

4.      Feeling aggrieved therefrom, O.P.-appellant  has preferred this appeal. 

5.      Arguments heard. File perused.

6.      Learned counsel for the appellants vehemently argued that the learned District forum wrongly proceeded ex parte and due opportunity of hearing be afforded.

7.      It is opined by this Commission in Revision Petition No.39 of 2016 titled as M/s Pareena Infrastructure Vs. Ms. Nell Acharya decided on 01.07.2016 that matter can be remanded even without issuing notice to other party. It is the golden principle of law that proper opportunity of hearing should be afforded to the other party and one cannot be condemned unheard. 

8.      The complainant is not going to suffer any irreparable loss if appellant-O.Ps. are afforded an opportunity of defending themselves before the learned District Forum, so in these circumstances ex parte proceedings dated  29.07.2016 initiated against them are set aside and impugned order dated 30.08.2016 is hereby set aside subject to payment of costs of Rs.5000/- to the complainant before the District Forum.   Appeal is allowed.  Let the appellant be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits.

9.      The parties are directed to appear before the District Forum, Hisar on 20.02.2017.

 

 

January 16th, 2016     Urvashi Agnihotri                    R.K.Bishnoi,                                                                           Member                                  Judicial Member                                                                     Addl. Bench                            Addl.Bench                

S.K.