BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 46 of 2017
Date of Institution : 28.2.2017
Date of Decision : 19.1.2018
1 Smt. Suman Rani aged about 33 years wife of Shri Sanjay Kumar Saini;
2 Sanjay Kumar Saini aged about 36 years son of Shri Duli Chand Saini, residents of Chattergarh Patti, Near Sai Mandir, Sirsa, Tehsil and District Sirsa.
……Complainants.
Versus.
- HDFC Sales Private Limited, SCO 189, CUE, 1, 1st Floor, Red Square Market, Hisar, District Hisar-125001 through its Branch Manager.
- HDFC Sales Private Limited, Near Spar Banquet Hall, Opposite LIC, Sirsa, District Sirsa-125055 through its Branch Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT
SHRI MOHINDER PAUL RATHEE……MEMBER.
Present: Sh. Manav Goyal, Advocate for the complainant.
Sh. M.S. Sethi, Advocate for the opposite parties.
ORDER
In brief, the case of complainant is that the complainants applied for getting loan of Rs.One Crore from the ops-institution. The complainants submitted documents i.e. detail of property and income for the purposes of getting loan of Rs.One Crore from the ops-institution. At that time it was assured by ops to the complainants that the ops will get interest on the amount at the rate of 11.60% per annum. The complainants showed their readiness for getting the loan of Rs.One Crore on interest at the rate of 11.60% per annum. Thereafter, the complainants requested the ops to show the terms and conditions of loan, so that the complainants may fulfill all the conditions of the loan. The ops supplied offer letter to the complainants in which they have shown the terms and condition of loan for amounts of Rs. Rs.90 Lakh on interest at the rate of 11.90% per annum, whereas rate of interest was assured by the ops at the rate of 11.60% per annum and they also assured the complainants to pay loan of Rs. One Crore. After receiving the above said information, the complainants approached the ops and requested to pay loan of Rs. One Crore on the assured rate of interest @ 11.60% per annum but the ops told that the ops cannot pay Rs. One Crore on the above said interest @ 11.60% per annum. Under compelling circumstances the complainants refused to get the above said loan from the ops and requested to return their documents. It is further averred that prior to telling the terms and conditions of the loan, the ops have obtained cheque of Rs.48,573/- of ICICI Bank Limited, Sirsa from the complainants for processing charges of the above said proposed loan. Now in case of refusal to take the loan, the complainants approached and requested to return back the above said cheque of Rs.48,573/- because it was not to be acted upon in any manner. The ops assured to return the said cheque and the documents of the complainants after some times but the ops have not returned the same malafidely. Now, it has come to know that ops have presented the said cheque for encashment intentionally and malafidely in the bank account of ICICI Bank, Sirsa and it was encashed on 29.2.2016 by the ops wrongly and illegally and without any legal right or authority. Thereafter the complainants visited the ops-institution Branch at Hisar for the withdrawal of the above said amount and the ops also obtained two cancelled cheques from the complainants for deposit of the above said amount in the bank account of the complainants but all in vain. It is further averred that thereafter, the complainants approached and requested the ops time and again to refund the above said amount to the complainants and the ops told the complainants that Branch Office has been established in Sirsa at the above said address and asked the complainants to contact at Sirsa Office. Thereafter, the complainants visited Sirsa Office of the ops-branch and there also the ops obtained two cancelled cheques from the complainants for deposit of the said amount in the bank account of the complainants but all in vain and in spite of repeated visits the ops have not taken any action in this matter. The act and conduct of the ops comes under the ambit of deficiency in service as well as unfair trade practice, due to which complainants are suffering recurring financial losses till today and also suffering serious harassment, humiliation. Therefore, the complainants are entitled to a sum of Rs.1,00,000/- as compensation from the ops all on these counts, besides the above said amount of Rs.48,573/- alongwith interest and the costs and other incidental charges from the ops jointly and severally. The complainants also got served a legal notice dated 21.12.2016 to the ops through their counsel Shri Manav Goyal, Advocate, Sirsa but to no effect. Hence, this complaint.
2. On notice, opposite parties appeared and filed written statement in which they have taken preliminary objections regarding cause of action, maintainability, locus standi, suppressions of true and material facts, estoppal, and jurisdiction. On merits, it is submitted that the complainant has never applied to the op for advancement of any loan, rather officials of op have processed the loan application of complainant for getting the loan from HDFC Ltd. Answering ops have never assured the complainant for giving any loan. It is further submitted that officials of the answering ops have processed the loan file as per documents and information provided by the complainant. When answering ops have never assured for giving the loan to the complainants then question of refusal of loan does not arise. Moreover, complainants have not filed any loan application in the favour of answering ops. Complainants have never delivered any cheque in the favour of answering ops or to its officials as alleged. It is further submitted that ops have never encashed any amount of cheque as alleged.
3. The parties then led their respective evidence by way of affidavits and documents.
4. We have heard learned counsel for the parties and have perused the record carefully.
5. Learned counsel for the complainants has strongly contended that complainants had applied for a loan of Rs. One crore from the opposite parties- institution and submitted all the required documents and deposited amount of Rs.48,573/- as processing charges but however the loan was not disbursed and ops have no right to retain the amount of Rs.48,573/- which has been charged alongwith interest and liable to refund the same to the complainants.
6. On the other hand, learned counsel for the opposite parties has strongly contended that complainant has never applied to the ops for advancement of any loan rather officials of ops have processed the loan application of complainant for getting the loan from HDFC Ltd. They have never assured the complainant for giving any loan nor complainants have filed any loan application in favour of answering ops.
7. The perusal of the record reveals that complainants in order to prove their case have furnished affidavit of Smt. Suman Rani complainant as Ex.CW1/A wherein she has reiterated all the averments of complaint. They have also placed on record copy of legal notice dated 21.12.2016 Ex.C1, copies of postal receipts Ex.C2 and Ex.C3, copy of statement of account Ex.C4 and copy of letter Ex.C5. On the other hand, ops have furnished affidavit of Sh. Hitesh Grover, Manager as Ex.R1 and copy of loan application form Ex.R2.
8. During the course of arguments, learned counsel for ops has argued that as complainants themselves alleged that they have applied for getting loan of Rs.one crore, therefore, this Forum has no pecuniary jurisdiction. During the course of arguments, learned counsel for ops has also suffered a statement by which he has stated that complainants have not issued any cheque in favour of the ops and nor any amount has been deposited in the account of ops. So it appears from the statement of learned counsel for ops that ops did not receive any payment from the complainants, as such complaints are not entitled to recover any amount from the ops. Moreover, as per allegations of complainants the complainants have issued a cheque in favour of ops. If cheque has been issued in favour of ops that must have been debited in the account of complainant and there must be record of the account in which same has been credited but however the complainants have not placed on record any such document from which it could be presumed that cheque amount was credited in the account of ops. Moreover, the gross value of the loan applied for the complainants is Rs.one crore, therefore, this Forum has no pecuniary jurisdiction to try and decide the present complaint. As such the present complaint is hereby dismissed as such but however the complainants are at liberty to seek the redressal of their grievance from the competent authority after collecting requisite evidence and may seek exemption of time spent before this Forum as per law. A copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated:19.1.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
