Haryana

Ambala

CC/15/147

Bhajan Kaur - Complainant(s)

Versus

Corporation Bank - Opp.Party(s)

In person.

05 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                        Complaint  Case No.: 147 of 2015

            Date of Institution:      27.05.2015

                        Date of Decision:        05.07.2016

Bhajan Kaur W/o Sohan Lal R/o village & post office-Mardo Sahib, Tehsil & District Ambala.

                                                                                                                                                            ……Complainant.

                                                                                                        Versus

Corporation Bank, Humayunpur, Hissar Road (Near Bus Stand Materi Sekhan), Ambala (Through its Manager).                                                                            

                                                                                                                                                ……Opposite Party

Complaint Under Section 12 of the Consumer Protection Act

CORAM:    SH.A.K. SARDANA, PRESIDENT.

                   SH. PUSHPENDER KUMAR, MEMBER.

Present:       Complainant in person.

                   Op exparte.

ORDER.

                    Present complaint under section 12 of the Consumer Protection Act, 1986 (hereinafter called as ‘the Act’) has been filed by the complainant alleging therein that she approached  the OP-Bank for a House Loan whereupon, OP advised the complainant to show her PAN Card and Income Tax Return for the last three years and thus she incurred Rs.3500/- for making her PAN Card and Income Tax return as required by the Bank. Complainant further contended that  after due verification of the property of complainant, the Branch Manager  of the Bank advised to get Legal Search Report from Sh. Bhaskar Sharma, Advocate and also to get the valuation done of the plot from their authorized valuer.  Complainant completed all these formalities and Manager of OP Bank after checking all these documents refused to grant loan to the complainant for the reasons best known to them.  Complainant has further contended that  she spent more than Rs.25,000/- on this account but the OP Bank refused to sanction the loan to the complainant which is an unfair trade practice adopted by the Bank and thereby deficiency in service on the part of OP. Hence, the present complaint  seeking relief as per prayer clause has been preferred by the complainant.

2.                Upon notice, OP put in appearance through counsel but later on they neither filed reply to the complaint despite last opportunity nor bothered to appear before the Forum. Hence, the OP was proceeded against  exparte vide order dated 20.08.2015.

3.                To prove her version, complainant tendered her affidavit as Annexure CX alongwith documents as Annexures C-1 to C-7 and closed the evidence.

3.                 We have heard the complainant and gone through the record tendered by complainant. Photocopy of Bank Pass Book is Annexure C-1, Property Valuation Reports are Annexures C-2 & C-3 and site plan is Annexure C-4, Construction Estimate is Anneuxre C-5 and information from Credit Information Bureau (India) Limited  known as CIBIL is Annexure C-6 & C-7. 

4.                After evaluating the above-referred documents, it is nowhere proved that OP bank has given any consent to release a house loan to the complainant at any stage rather it is worth-mentioning  that banks are providing loans to the public at large after proper verification and assessment of documents, so it is the sole discretion of the bank to release a loan to a person or not since the loan cannot  be claimed as a matter of right.  Mere submission of Search Report and Valuation report of the Property does not enable a person for entitlement of a loan. Contention of the complainant that she has incurred an amount of Rs.25,000/-  on preparation of documents like PAN Card, Legal Search Report and Valuation of property is not believable as she has not placed any receipt qua incurrment of the said amount for the said documents. In nutshell, the complaint has no valid & legal ground for its acceptance.

                   Accordingly, we see no deficiency in service on the part of OP Bank as well as they have not played any unfair trade practice with the complainant.  As such, the complaint does not succeed and the same is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

 

ANNOUNCED: 05.07.2016                                                        Sd/-          

                                                                                             (A.K. SARDANA)

                            PRESIDENT                 

 

                                                                                      Sd/-

(PUSHPENDER KUMAR)

                                                                                      MEMBER