BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Parvesh Gupta r/o House NO.294, Sector 51-A, Chandigarh

….…Complainant

                                V E R S U S

1.        HDFC Bank Ltd., SCO No.405-406, Sector 35-C, Chandigarh.

2.        HDFC Bank Ltd., Retail Asset-Customer Service, 26-A, Narayan Properties, Chandivali, Off Saki Vihar Road, Andheri (East) Mumbai 400072.

                                        ..…Opposite Parties

CORAM:    SH.RAJINDER SINGH GILL   PRESIDING MEMBER

                MRS. MADHU MUTNEJA                MEMBER

Argued by:         Sh. Raghav Gupta, Adv. for complainant.

Sh. Sandeep Suri, Adv. for OPs

PER MRS.MADHU MUTNEJA, MEMBER

               Succinctly put, the complainant took a housing loan of Rs.6,00,000/- from the Centurion Bank of Punjab, Chandigarh on 15.1.2004, as he wanted to transfer his loan account to HDFC Bank.  He returned a sum of Rs.4,90,000/- on 4.7.2008 alongwith foreclosure charges amounting to 10,113/- to Centurion Bank.  The loan now commenced with the OP bank which was to be repaid over a period of 8 years in monthly installments of Rs.7,698/- each.  He was promised by the officials of the Centurion Bank that he would get back his original documents within 15-20 days.  Thereafter he remained in regular touch with the officials for more than 3 months for return of the documents but nothing was ever returned to him.  Despite the fact that the original documents were with the OP bank and the complainant was making regular payment of the monthly installments, the OP bank demanded security and he was forced to pledge his LIC policy of Rs.2,00,000/- with them.                Not satisfied wit the OPs, the complainant wanted to get the loan transferred to some other bank.  He thus wrote a letter dated 4.11.2008 to the OPs requesting for return of his original documents. In response he received letter dated 27.11.2008 from the OPs stating that the document were lost. They offered to get a fresh set of documents recreated through the concerned Registering Authority and sought time of 45 days. In the meantime, he continued paying higher rate of interest i.e. 11% per annum whereas the other banks were charging 8%.  Thereafter he wrote letter dated 7.8.2009 to the OPs and also served a legal notice dated 23.11.2009 but no action was taken by the OPs to hand back the document.  Hence this complaint. 

2.                In their written reply the OPs did not dispute the facts of the case.  However, it has been pleaded that only the agreed rate of interest was charged. It has been denied that any bank offered a rate of 8%.  It has been admitted that the papers were lost by the bank and that they applied to the Chandigarh Housing Board for recreating the same. The processing fee was also deposited on 6.1.2009 but as the file was also not traceable in the office of the Chandigarh Housing Board, the duplicate papers could not be issued by them. It has been submitted that the loss of paper was not intentional and might have occurred at the time of merger of the Centurion Bank of Punjab with the OP Bank. Pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 

3.                Parties led evidence in support of their contentions.

4.                We have heard the ld.Counsel for the parties and have also perused the record as well as the written arguments of the complainant. 

5.                At the time of arguments, the ld.Counsel for the OPs has submitted that the complainant had only deposited the original allotment letter with them.  There was no transfer deed.  The OPs had tried to get the duplicate papers prepared from Chandigarh Housing Board but the relevant file and papers have been lost over there too.  He also submitted that in case the complainant took the original receipt of the payments made by him to the Chandigarh Housing Board, his file would be traced/revived and a duplicate allotment letter and other documents would be prepared for him by the Chandigarh Housing Board. This exercise could be executed by the complainant alone, and not by the OPs since it is the complainant alone who holds the original receipts of payments made to Chandigarh Housing Board.

6.                Further, the complainant has demanded that the Centurion Bank has been taken over by the HDFC Bank, so the foreclosure charges wrongly charged by the Centurion Bank, should now be refunded to him by the HDFC Bank.  Obviously, this demand of the complainant deserves to be allowed.

7.                In view of the above findings, we deem it proper to allow this complaint with following directions:-

i)         The complainant may take up the matter with Chandigarh Housing Board for getting fresh/duplicate allotment letter and other documents by presenting the original receipt of the payments made by him to them.      

ii)        The Ops will refund the foreclosure charges of Rs.10,113/- to the complainant.

iii)       The OPs will also pay Rs.10,000/- to the complainant for the harassment caused to him due to loss of documents, as well as Rs.2500/- as cost of litigation.

                The aforesaid payments shall be made to the complainant within 30 days from the date of receipt of copy of this order, failing which, the OPs would be liable to pay interest on the decreed amount of Rs.20,113/- at the rate of 12% p.a. from the date of this order till the date of actual payment, besides paying Rs.2500/- as cost of litigation.  They will also assist the complainant whenever needed for obtaining the relevant documents from C.H.B.

                Certified copies of this order be sent to the parties free of charge.  The file be consigned.