Per Shri S.R. Khanzode,  Hon’ble  Presiding Judicial Member:

Admit.  Heard forthwith the consent of both the parties.

(1)          This appeal takes an exception to an order dated 30.06.2009 passed in Consumer Complaint No.509/2005, Shri Anant C. Singh V/s. ICICI Bank Ltd. And ors., by District Consumer Disputes Redressal Forum, Addl.Mumbai Suburban District (‘Forum below’ in short).

(2)          The dispute pertains to a grievance of non-releasing of so called house loan sanctioned by ICICI Home Finance Co. Ltd.(Opposite Party No.2).  According to Finance Company, disbursing of loan depends upon the factors amongst others completion of all formalities including submission of relevant documents, assessment of credit rating, and scrutiny of the security offered.  According to Finance Company, though initially letter of sanction of loan was given, it was subject to the conditions spelled out therein referred to above.  In the instant case, particularly, no objection in requisite format of the Society for sanction of home loan was not given.  According to the Complainant it was not informed to them by the financial Company that the no-objection certificate given by the Society was not in prescribed format.  Therefore, alleging deficiency in service on the part of the financial institution, this consumer complaint is filed.

(3)          The complaint stood dismissed and feeling aggrieved thereby this appeal is preferred by original Complainants.

(4)          Sanction of a particular loan is a part of subject to acceptance of contractual liability.  Said contract to sanction loan cannot be said to have been completed unless and until all the formalities are completed.  In any case, in the background of given circumstances, non-compliance of contract cannot be a subject matter of deficiency in service within the meaning of Consumer Protection Act, 1986. Further more, the consumer complaint is filed not only against the I.C.I.C.I. Home Finance Co. as relevant to the present dispute is concerned and also against I.C.I.C.I. Bank Ltd., which is a separate entity and also against home loan Counselor who has no role to play as far as alleged deficiency in service is concerned and the Branch Manager of I.C.I.C.I. Home Finance Co. Ltd., who is mere an official itself is not a service provider though his institution may be.

(5)          For the reasons stated above, what we find is that dismissal of the complaint cannot be faulted with.  Thus, finding the appeal, devoid of any substance, we pass the following order:

O  R  D  E  R

       (i)     Appeal stands dismissed. 

     (ii)     In the given circumstances, no order as to costs.