1) Md. Abdur Rajjak,
2) Sahida Bibi,
Both residing at Village & P.O. Omrahaganj,
Dist. Murshidabad. _____ Complainant
___Versus___
1) GIC Housing Finance Ltd.,
RoyalInsuranceBuilding, Ground Floor,
5, Netaji Subhas Road, Kolkata-1, P.S. Hare Street. ________ Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 27 Dated 20-01-2014.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. GIC Housing Finance sanctioned the loan application for an amount of Rs.2 lakhs on 13.10.07 with the following terms:- (a) Loan amount sanctioned Rs.2 lakhs, (b) Loan repayment period 84 months, (c) Flexible rate of interest @ 11.25% p.a., (d) EMI amount Rs.3451/- per month and (e) purpose of loan – construction on plot by private bodies.
We further find that after sanctioned of the loan amount o.p. has issued two account payee cheque dt.5.11.07 for Rs.50,000/- and another cheque dt.29.2.08 for Rs.40,000/- but thereafter o.p. did not issue any cheque for the rest amount so sanctioned i.e. an amount of Rs.1,10,000/-. O.p. after payment of Rs.90,000/- on two installment did not pay the rest amount though the complainats on repeated occasions requested the o.p. for payment of balance amount but all attempt went into vain. O.p. did not even bother to state the reasons for non-payment of the same.
It is to be mentioned that in spite of non-payment of balance loan amount of Rs.1,10,000/- the o.p. charged EMI amount from the complainants against the entire loan amount i.e. Rs.2 lakhs where as the o.p. has paid only Rs.90,000/- and therefore they should have changed EMI against the said amount and not against total loan amount of Rs.2 lakhs which clearly reflected their unfair trade practice in their business.
Complainants in spite of received of Rs.90,000/- has paid monthly EMI against the entire loan amount on regular basis and on different installment but as the complainants did not receive the entire amount of loan they have been burdened with extra monetary loss to procure more amount from market against higher rate of interest and therefore the complainants could not pay the actual EMI amount on regular basis but paid amount on several installment.
It transpires from the record that till date o.p. did not pay the balance loan amount the reasons best known to them and the complainants run from pillar to post for the aid amount which went into vain.
O.p. has committed gross deficiency in service when they without payment of entire loan amount sent one letter to the employer of the complainant no.1 dt.12.6.09 where they illegally demanded EMI amount of Rs.3451/- from the salary of the complainant with the request to the Chief Medical Officer to deduct the EMI amount from the salary for every month and to recover the outstanding amount by deducting the same from the salary.
Complainants being highly aggrieved and dissatisfied about their conduct have sent one legal notice dt.31.8.10 where they have demanded the balance loan amount as well as compensation to the tune of Rs.1 lakh due to their harassment and mental agony and financial loss. O.p. received the said letter and kept silent in the matter. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record and w/v together with questionnaire and reply we find that the complainants have miserably failed to substantiate and prove their case and are not entitled to relief.
Hence, ordered,
That the case stands dismissed on contest without cost against the o.p.
