<br /> Date of Filing:15.02.2008<br /> Date of Order: 18.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 18TH DAY OF JUNE 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 435 OF 2008 <br /> <br /> R.V. Joshi,<br /> No.1/1, Gavipuram Main Road,<br /> Kempegowda Nagar,<br /> Bangalore-560 019. Complainant<br /> <br /> V/S<br /> G.E. Money Housing Loan,<br /> No.4, Prime Business Center,<br /> II Floor, Sri Krishna Temple Road,<br /> Indira Nagar I Stage,<br /> Bangalore-560038. Opposite Party<br /> <br /> ORDER<br /> <br /> This complaint is filed by the complainant stating that, he had applied for housing loan with opposite party. They sanctioned loan of Rs. 19,37,000/- and charged Rs.20,000/- for various expenses. The loan was not disbursed for want of one document. Complainant had suffered lot. After lapse of one year opposite party sending SMS to his Cell Phone and calling on land line asking the complainant to pay installments for the loan which never materialized. Therefore, the complainant has requested to direct the opposite party to refund Rs.20,000/- spent by him. <br /> <br /> 2. Notice was served to opposite party and opposite party put in appearance through advocate and filed defence version stating that, opposite party sanctioned loan and DD was also prepared. However, the complainant refused to accept the DD and loan was not accepted by the complainant. Complainant had agreed to pay 1% of the loan amount as processing fee to the opposite party. <br /> 3. Arguments are heard. <br /> 4. The point for consideration is:-<br /> Whether the opposite party can be directed to refund processing fee of Rs.9,186/- received from the complainant?<br /> <br /> REASONS<br /> 5. The learned advocate for the opposite party argued that opposite party sanctioned loan of Rs. 19,37,000/-. But however, the complainant has not accepted the loan and ultimately amount was not disbursed. The opposite party has collected processing fee of Rs.9,186/- is admitted. As per the statement of opposite party this fact also reflected. The balance fee payable at the time of disbursement of loan was Rs.9,186/-. The learned advocate for the opposite party submitted that there is nothing wrong in collecting the processing fee. This is in accordance with the agreement and conditions and rules and regulations of the opposite party. There was no any fault or mistake on the part of the opposite party. On the other hand the complainant himself has not come forward to receive the loan sanctioned to him. Therefore, advocate for the opposite party submitted that, the complainant is not entitled for refund of the processing fee paid by him. Admittedly, loan was not disbursed to the complainant. No doubt the complainant had applied for loan and for want of one document the loan transaction could not be materialized and the complainant has not received the loan from the opposite party. So, under these circumstances, it would be just fair and reasonable to order refund of Rs.5,000/- to the complainant. Since the complainant submitted that he has suffered lot, is a senior citizen and loan was not materialized. Therefore, he cannot be penalized. As per the complainant it is submitted in the affidavit that apart from processing fee he has paid insurance amount of Rs.5,511/- and he has also spent amount towards publication in the news paper etc.,. As regards the amount paid towards insurance the opposite party cannot be held responsible. Complainant has not produced any document to show that Rs.5,511/- was paid towards insurance. Likewise the complainant has not produced any other document or records to show that he has spent amount towards news paper publication, police complaint etc.,. Therefore, the complainant is not entitled any amount except some part amount paid towards processing fee. The ends of justice will be met in directing the opposite party to pay Rs.5,000/- to the complainant out of Rs. 9,186/- received towards processing fee. In the result, we proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is partly allowed. The opposite party is directed to pay Rs.5,000/- to the complainant within 30 days from the date of this order. If the opposite party fails to comply the order within 30 days, in that event the amount carries interest at 10% p.a till payment/realization. Parties to bear their own costs. <br /> <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 18TH DAY OF JUNE 2008.<br /> Order accordingly,<br /> <br /> PRESIDENT<br /> <br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />