Rajasthan

StateCommission

A/1463/2015

HDFCLimited - Complainant(s)

Versus

Dr. Manish Pabdi s/o Gotam Pabdi - Opp.Party(s)

Sanjay Rahar

08 Jan 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1463 /2015

 

HDFC Ltd., C-25 Bhagwan Das Road, Opp. St.Xavier School,C-Scheme,Jaipur through Manager

 

Vs.

 

Dr.Manish Pabri r/o Pabri Bhawan, Hasanpura-A, NBC Road,Jaipur.

 

Date of Order 08.01.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Sunita Ranka- Member

Mr. Kailash Soyal -Member

 

Mr.Sanjay Rahar counsel for the appellant

 

 

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the court below dated 5.11.2015 whereby processing charges and stamp duty has been ordered to be refunded to the respondent.

 

The contention of the appellant is that the loan has been sanctioned and it was intimated to the respondent but the court below has wrongly held that there is no evidence that any intimation of sanction of loan was ever communicated to the respondent.

 

There is no acknowledgment or receipt of the loan sanction letter Ex.2 is submitted. It has been said that SMS has been sent but no such record has been submitted. A vague record has been submitted in which it has been mentioned that SMS has been sent to the respondent but what were the contents of message and on which number it has been sent has not been proved. Hence, the court below has rightly held that Ex.2 were never intimated to the respondent and processing fees has been recovered unnecessarily . At the same time stamp duty of Rs. 1000/- was also unnecessarily charges from the

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respondent and rightly has been ordered to be refunded by the court below.

 

The contention of the appellant is that Rs.1000/- stamp duty has been refunded to the respondent after the order of the court below if so the court below can take note of it. There is no ground for interference in the order of the court below and the appeal is devoid of any merit and liable to be dismissed.

 

 

(Kailash Soyal) (Sunita Ranka) (Nisha Gupta )

Member Member President

 

 

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