Chandigarh

DF-II

CC/766/2022

DEEPAK & MEERA DEVI - Complainant(s)

Versus

GIC HOUSING FINANCE LTD. - Opp.Party(s)

DINESH MAURYA

19 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	766/2022
Date of Institution	:	10.11.2022
Date of Decision	:	19.02.2024

 

                                       

                       

1.     Deepak (age 31 year) son of Late Sh. Babu Lal resident of House No.272, Rvidas Mandir, Balmiki Freedom, Village Surajpur, Tehsil Kakla District Panchkula.

 

2.     Meera Devi (age year) wife of Late Sh. Babu Lal resident of House No.272, Balmiki Freedom, Village Surajpur, Tehsil Kakla District Panchkula

...Complainants

Versus

1.     GIC Housing Finance Ltd. Chandigarh Branch SCO No.44, Ground Floor, Sector-31-D, Chandigarh-160030 through its Branch Manager. E-Mail: chandigarh@gichfindia.com

 

2.     GIC Housing Finance Ltd. Chandigarh Branch, SCO No.44, Ground Floor, Sector-31-D, Chandigarh-160030 through its Authorized Signatory.

…..Opposite Parties

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SMT.SURJEET KAUR	MEMBER
Present:-
	Sh.Dinesh Maurya, Counsel for the complainant (thr. VC) OPs exparte.

      

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.         The complainants have filed the present complaint alleging therein that they applied for a Loan of Rs.15,00,000/- from the GIC Housing Finance Ltd. Chandigarh Branch and the OPs had sent a Loan offer letter dated 12.11.2020  sanctioning Rs.15,13,086/- for a period of 180 months with EMIS of Rs.15,618/- per month vide Loan Account No.HR0290610002902. (Annexure C-1). The OPs obtained NACH mandate for repayment of monthly EMIs of Rs.15,618/- of HDFC Bank A/c No.5010008595300 before disbursement. It has been averred that the OPs started getting illegal payment through NACH towards the loan which they never disbursed. Subsequently, they approached the OPs and even wrote a letter dated 11.11.2021 in this regard but the OPs closed the loan account without refunding the illegally deducted EMIs.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainants have filed the instant complaint seeking directions to the OPs to refund Rs.1,87,416/-(Rs.15,618/- x 12) along with interest with effect from 05.12.2020 and processing fee of Rs.22,000/-, compensation for mental agony and physical harassment as well as litigation expenses.
2.         Despite due service, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 19.05.2023.
3.         The complainants filed affidavits and documents in support of the case.
4.         We have heard the counsel for the complainant through VC and have gone through the documents on record.
5.         From the thorough perusal of the documentary evidence on file especially Annexure C-1 i.e. offer letter dated 12.11.2020, it is observed that the complainants were offered loan to the tune of Rs.15,13,086/- for a period of 180 months with EMIs of Rs.15,618/- per month vide Loan Account No.HR0290610002902.  In our considered view, without disbursement of the loan amount, the deduction of EMIs @ Rs.15,618/- w.e.f. 05.12.2020 to 05.11.2021 i.e. 12 months, totaling Rs.1,87,416/- from the account of the complainants, as is clear from the bank statement annexed as Annexure C-2 and charging of Rs.22,000/- towards processing fee is not only illegal but also amounts to deficiency in service as also indulgence into unfair trade practice on the part of the OPs.
6.         Moreover, the OPs did not appear to contest the case and preferred to proceed against ex-parte. Non-appearance of the OPs shows that they have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainant go unrebutted & un-controverted.
7.         In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to refund Rs.1,87,416/- to the complainants along with interest @ 9% p.a. from the dates of respective deductions till the date of its actual realization. The OPs are further directed to refund Rs.22,000/- as processing charges to the complainants. The OPs shall also pay lump sum compensation of Rs.15,000/- to the complainants towards mental agony and physical harassment as well as litigation expenses.
8.         This order be complied with by the OPs within sixty days from the date of receipt of its certified copy.
9.         The pending application(s) if any, stands disposed of accordingly.
10.         Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 19.02.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (SURJEET KAUR) MEMBER