Haryana

Kurukshetra

175/2017

Kiran Pal Singh - Complainant(s)

Versus

Haryana State - Opp.Party(s)

Amit Gupta

13 Jun 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.175 of 2017.

                                                     Date of institution: 23.08.2017.

                                                     Date of decision: 13.06.2019.

 

Kirpal Singh son of Sardar Nirmal Singh, resident of House No.459, Mahavir Colony, Ladwa, District Kurukshetra.

…Complainant.

                        Versus

1. The Managing Director, The Haryana State, Cooperative Housing Federation Limited, Bays No.49-52, Sector-2, Panchkula, Haryana.
2. Hakam Singh s/o Sh. Mansa Ram, r/o village Buhawa, P.O. Lakhmeri, District Kurukshetra and Secretary/ office in-charge of the Ladwa Sahkari Bhawan Nirman Samiti Ltd. Ladwa, District Kurukshetra.

….Opposite parties.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

       

Present:     Sh. Amit Gupta, Advocate for complainant.   

                Sh. Sanjeev Walia, Advocate for opposite parties.

 

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Kirpal Singh against the Managing Director, the Haryana State Cooperative Housing Federation Limited and another, the opposite parties.

2.            It is stated in the complaint that complainant took loan from ops for a sum of Rs.80,000/- on 15.11.1991 and the same was paid by complainant to the ops in installments. That at the time of taking the above said loan, the ops assured the complainant that they will charge 15% interest per annum or maximum will take the double amount of the loan amount in case the complainant never paid the installments regularly. That the ops took the excess amount of about Rs. Five lacs against their commitment from the complainant under threat that they will misuse the original ownership revenue record and original sale deed etc. of the property of the complainant which is in their custody. It is further averred that ops also obtained some signature from the complainant on the blank paper and stamp papers at the time of loan and they assured the complainant that they will return the above said all the original documents after payment of the loan amount. That complainant paid all the loan amount including interest to the ops and op no.1 issued NOC dated 5.9.2012 to the complainant but they never returned the above said original documents of the complainant. That complainant many times approached the ops and requested them to return the above said original documents and excess amount deposited by the complainant in their account and also to hand over the account statement to the complainant but the ops postponed the matter on one pretext or the other. That complainant is an old age person and is being harassed by the ops without any fault and thus he is entitled for damages to the tune of Rs.5,00,000/- for harassment and mental agony. It is further averred that act and conduct on the part of ops amounts to unfair trade practice and deficiency in service on the part of ops. Hence, this complaint.

3.             Upon notice, opposite parties appeared and filed written statement taking certain preliminary objections regarding maintainability, locus standi, cause of action, suppression of true and material facts. It is submitted that true facts of the case are that complainant had obtained loan of Rs.80,000/- from ops, but the complainant has not repaid the loan amount. The Housefed Haryana had prepared one time settlement scheme with a motive to give relief to loanee members of societies in repaying overdue loans. The Government had approved the O.T.S. scheme to waive off 75% penal interest recoverable of defaulter loanee members. The OTS scheme was valid up to 31.12.2012. If the member would have paid an amount equal to overdue interest over due principal, outstanding loan and 25% penal interest out of recoverable penal interest alongwith interest on calculated amount till the date of payment, then 75% penal interest out of recoverable penal interest will be waived off. The interest would not be calculated on the outstanding penal interest. The complainant had deposited an amount of Rs.3,18,755/- with op no.1. The op no.1 issued a letter bearing No.4347 dated 10.10.2012 to the complainant directing him to deposit the margin money with op no.2. The op no.2 also wrote a letter to the complainant to deposit a sum of Rs.50,752/- as margin money up to 31.12.2012, but the complainant failed to deposit the margin money with the op no.2. A total sum of Rs.552140.71 is due against the complainant towards the op no.2 including interest up to 1.3.2018 and answering op no.2 is also entitled interest w.e.f. 2.3.2018 till its actual realization. The interest has been calculated as per agreed terms and conditions. With these averments, dismissal of complaint prayed for.

4.             The complainant tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C37. Ops tendered documents Ex.R1 to Ex.R3.

5.             We have heard learned counsel for parties and have perused the case file carefully.

6.             Admittedly, the complainant obtained the loan amount of Rs.80,000/- from the opposite party no.1 on 15.11.1991 by mortgaging his property and against the original sale deed of the property. The said loan amount was obtained for a period of 20 years at the rate of 15% per annum as is evident from copy of deed of mortgage. From the copies of various receipts and copies of cheques Ex.C3 to Ex.C37, it is evident that complainant has paid an amount of Rs.4,78,755/- to the ops up to 5.9.2012. In the copy of letter Ex.C1 written by op no.1 to the Secretary, The Ladwa Cooperative Housing Federation Limited, Ladwa, it is mentioned that after getting deposited an amount of Rs.2,50,000/- and Rs.68,755/-, the account of the loanee has been made as Zero. But despite that ops have not returned the original documents to the complainant alongwith NOC. Further from the record, it is evident that ops have obtained excess amount from the complainant in lieu of loan amount. The complainant was required to deposit loan amount of Rs.80,000/- alongwith interest at the rate of 15% per annum and if we calculate the interest from the period 15.11.1991 to 5.9.2012 i.e. for a period of about twenty one years, the total amount payable by the complainant comes to Rs.2,50,000/- but the ops have got deposited an amount of Rs.4,78,755/- from the complainant and still they are claiming that an amount of Rs.5,52,140.71 is due against the complainant which is wrong and illegal and clearly amounts to deficiency in service and unfair trade practice on the part of ops. The ops are liable to recalculate the interest at the agreed rate of interest i.e. 15% per annum and they can charge penal interest at the rate of 2.5% as mentioned in the mortgage deed in case of default in payment of any installment and will refund the excess amount charged from the complainant.

7.             In view of the above, we allow the present complaint and direct the opposite parties to refund the excess amount after fresh calculation to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @6% per annum from the date of order till actual payment. We further direct the opposite parties to hand over original documents i.e. sale deed etc. and stamp papers etc. which were taken by them as security to the complainant. We also direct the ops to further pay a sum of Rs.5000/- as compensation for harassment and litigation expenses to the complainant. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.

Announced in open Forum:

Dt.: 13.06.2019.                                                  (Neelam Kashyap)

                                                                        President.

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.