DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.76/2014
Sh. Sunil Kumar
R/o 26/119, First Floor,
West Patel Nagar, Delhi-110008 ….Complainant
Versus
1. The Manager
HDFC Bank Ltd.
4th Floor, Core-5A, India Habital Centre
Lodhi Road, New Delhi-110003
2. The Managing Director
HDFC Bank Ltd.
HDFC Bank House,
Senapati Bapat Marg,
Lower Parel, Mumbai-400013 ……Opposite Parties
Date of Institution : 27.11.14 Date of Order : 07.06.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he had purchased a floor in a project at Faridabad on 29.09.09 which was approved by OP No.1. He was offered a sanction letter of loan of Rs.20 lacs on 09.09.2009 but the OPs did not disburse the loan amount and kept him in the dark. The OP No.2 had given the reasons that the builder had not complied with some formalities and, therefore, they were unable to disburse the loan amount. This process took more than 2 years and ultimately the flat was cancelled because of non-payment of the amount. As the OP No.2 had not handled the loan process properly he had incurred a loss of Rs.40 lacs but after immense struggle and all his resource somehow he managed to save the unit incurring a financial loss of Rs.10 lacs approx. He had spoken to the higher authorities of the OP and came to know that infact the builder had furnished all the required documents but due to the negligence of the OPs the loan amount was not disbursed. He had sent a letter dated 18.09.2013 to the OPs to resolve his grievance but no response was received from the OPs. Hence, pleading negligence on the part of OPs, the Complainant has filed the present complaint with the following prayers:-
- Direct the OPs to apologize for all the inconvenience caused to the Complainant.
- Direct the OPs to disburse the financial loss to the Complainant approx. Rs.13,50,000/- at the earliest which occurred due to the negligence of OP No.2.
- Direct the OPs to pay Rs.5 lacs towards mental agony suffered by the Complainant.
- Direct the OPs to pay Rs.1000/- towards cost of this petition.
OPs have been proceeded exparte vide order dated 29.04.2014 passed by your predecessors.
Complainant has filed his own affidavit in evidence and written arguments.
We have heard the Complainant and have also gone through the file very carefully.
From a perusal of the documents (majority of which are not legible) filed on behalf of the Complainant it appears that the loan infact had been sanctioned by Mehrauli-Gurgaon Road, Gurgaon branch office of HDFC Bank. However, the said branch has not been impleaded as OP. It appears that the present complaint has been filed before this Forum as the said bank has a branch office at Lodhi Road, New Delhi. Hence, in view of the law laid down by the Hon’ble Supreme Court of India in Sonic Surgical Vs. National Insurance Company Ltd. IX (2009) SLT 111 this Forum has no territorial jurisdiction to entertain the complaint.
Secondly, the documents filed on behalf of the Complainant prove that initially the Complainant was offered to be paid 15% of the loan amount as till then the bank had not received approval plan from the Developer and that the bank had not cancelled the loan amount. The Complainant has not marked Exhibit Nos. on the documents as per the Exhibit Nos. given to them in the affidavit of the Complainant. No letter regarding cancellation of the loan amount has been found placed on the record. Therefore, we hold that the Complainant has miserably failed to prove his case.
In view of above discussion, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Announced on 07.06.16.
