Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 196 / 2008

1)           Sri Ranjit Kumar Saha and

2)           Sri Arjun Chandra Saha

Both of

21, Sibpur Road, Howrah-711102.                         ---------- Complainant

1)           HDFC Bank Ltd.,

50, Chowringee Road, Kolkata-71.                         ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

Complainants Sri Ranjit Kr. Saha and Arjun Kr. Saha by filing a petition u/s 12 of the C.P. Act as amended up to date have prayed for a direction to be given upon the o.p., HDFC Bank Ltd. formerly known as Centurion Bank of Punjab Ltd., to release balance amount of loan sanctioned i.e. Rs.1,25,000/-, to pay compensation to the tune ofrs.5 lakhs for causing harassment along with such other order or orders as the forum may deem fit and proper.

          For purchasing a flat at Block-C, 21, Shibpur Road, Howrah-711101, complainants approached the o.p. for the sanction of loan amount of Rs.5,25,000/- which was duly sanctioned by the o.p. HDFC Bank Ltd. vide their letter dt.14.2.03, annex-A. In that letter dt.14.2.03 o.p. has duly mentioned the amount of EMIs i.e. Rs.4945/- payable by 240 monthly instalments and for such sanction of loan amount o.p. also charged an amount of Rs.5250/- as administrative fee on entire loan amount of Rs. 5,25000/-. The terms and conditions of the o.p. for sanctioning such loan has also been attached with annex-A wherefrom it appears the interest rate was 9.75% variable. Complainant has also stated that o.p. only disbursed a part of the said sanctioned loan amount that was only Rs.4 lakhs through cheque no.297106 dt.8.4.03 in the name of developer, Soubhagya Vardhan Nirman Pvt. Ltd. who issued a receipt in the name of complainant no.1 vide annex-B. But thereafter the o.p. never disbursed the balance amount of the sanctioned loan amount i.e. Rs.1,25,000/- which was due and payable to the developer by the petitioners. But the petitioners started paying instalments to the o.p. vide annex-C collectively, running page 13-37 of different amounts. Petitioners have also stated that they have already repaid more than Rs.1,10,000/- which was duly accepted and adjusted in respect of said loan account lying in the name of the petitioners. But in spite of several requests made by the petitioners to the o.p., to furnish a statement of account in respect of the loan account, the o.p. never furnished the same. Thereafter, the petitioners obtained computerized statement of account for the period from 6.4.03 to 27.1.07 in respect of their loan account vide annex-D, wherefrom the petitioners detected certain discrepancies in their loan account and they further started requesting the o.p. to send a true and proper statement of account in respect of the loan account. But till date the o.p. never sent the same.

It is also a specific allegation of the complainants that it was agreed by and between them that the o.p. shall pay necessary stamp duty for registration of the flat in question, but till date due to non payment of required stamp duty, the petitioners could not register proper deed of conveyance in their favour. Moreover, on 26.12.06 the o.p. issued a letter to the petitioners asking them to make payment of Rs.4,41,681 being the principal loan amount together with interest thereon, vide annex-E. Petitioners also stated that up to 26.12.06 they have paid more than Rs.40,000/- as interest of loan amount, so the payment of further interest does not arise at all and due to non payment of the aforesaid amount of Rs.4,41,681/- the o.p. threatened the petitioners and sent their representative for taking possession of the flat of the petitioners for no fault on the part of the petitioners. The petitioners also alleged that the o.p. never took any positive initiative to regularize the said loan account only to harass the petitioners and in spite of repeated requests, the o.p. never paid any heed to disburse the balance amount of loan i.e. Rs.1,25,000/-, but they charged the EMI of rs.4945/- on the entire sanctioned amount of loan i.e. Rs.5,25,000/-, which is according to the complainants a gross deficiency in service on the part of the o.p. and the complainant is entitled to get relief as prayed for. Finding no other way complainant filed this case on 13.6.08.

          Notice was served upon the o.p. and they appeared on 7.8.08 and filed w/v on 11.2.09, but the w/v filed by o.p. did not have any official seal and in view of this position the forum directed the o.p. to file a fresh w/v on 27.4.09 with proper official seal and there was also a direction given to the o.p. that without proper official seal and signature, their w/v could not be accepted. But on several successive occasions the o.p. never complied with the order dt.27.4.09. Accordingly, w/v filed by o.p. on 11.2.09 cannot be accepted as a valid one and the case was heard ex parte on 9.3.10.

Decision with reasons : -

          We have perused the complaint petition along with annexures, affidavit of examination in chief along with annexures filed by the complainants. From the annex-C it is very much evident that the complainants started paying EMI on and from 4.6.05 of Rs.2459 against Rs.4945 when the first instalment of Rs.4 lakhs was disbursed by the o.p. on 8.4.03. And we have also gone through the annex-D wherefrom it appears the complainant also deposited pre-EMI of different amounts starting from 4.6.03. And from annex-A it is also evident that the complainants must have paid administrative fee of Rs.5250/- charged on the entire sanctioned loan amount of Rs.5,25,000/-, otherwise the o.p. would not have disbursed Rs.4 lakhs in favour of the complainants for purchasing the flat in question from developer, Soubhagya Vardhan Nirman Pvt. Ltd. Thereby the complainants have come under the purview of C.P. Act as detailed u/s 2(d) of the said Act, being termed as ‘consumer’.

From the terms and conditions, annex-A, we find condition no.4  i.e “EMI/term of repayment shall commence from the 1^st day of the month subsequent to the month in which final disbursement is made”. But o.p. only released Rs.4 lakhs as the part instalment on 8.4.03 while they sanctioned a total loan amount of Rs.5,25,000/- for which they also charged Rs.5250/- as administrative fee. And the o.p. never released the balance amount of Rs.1,25,000/-, but the complainants started the payment as per annex-D i.e. statement of account furnished by the o.p. on 13.5.03 wherefrom it clearly appears that the complainants started making payment before the final disbursement was made by the o.p. The w/v submitted by the o.p. bears no official seal, so, according to the order no.8 dt.27.4.09 their w/v is not accepted. Accordingly, we find that the o.p. violated its own terms and conditions no.4 and in spite of several requests made by the complainant to mitigate the problem, the o.p. never took any initiative to release the balance amount of Rs.125000/- which caused a severe mental agony and harassment to the complainants. Accordingly, we hold the o.p. to be deficient in service and the case succeeds on merit.

          that the o.p. is directed to disburse Rs.1,25,000/- (Rupees one lakh twenty five thousand) only in favour of the complainants within one month from the date of communication of this order and after realization of Rs.1,25,000/- by the complainants, the complainants are also directed to start the payment of EMIs @ Rs.4945/- (Rupees four thousand nine hundred forty five) only from the subsequent month deducting the total amount already paid by them to the o.p. and the o.p. is also directed to raise and issue the exact statement of account within one month from the date of communication of this order so that the complainants may be able to pay off the entire loan amount along with interest charged thereon taking into consideration that the entire loan is required to be repaid by the complainants in 240 months. The complainants do get an award of Rs.50000/- (Rupees fifty thousand) only as compensation and Rs.5000/- (Rupees five thousand) only as litigation cost. The o.p. is directed to pay the total amount of Rs.55,000/- (Rupees fifty five thousand) only within one month from the date of communication of this order, failing which, it will carry an interest @ 10% p.a. till full realization. Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.