15.11.2024

ORDERS ON ADMISSION

     The complainant filed this complaint against the LIC Housing Finance Limited to direct the OP to cease demands for EMI payments until the Supreme Court resolves the builders case and further to waive all interest and penalties accrued due to the EMI hold and further direct the OP to correct his credits score and to award compensation for mental agony and harassment caused to him.

The complainant has raised home loan of Rs.35lakhs from the OP to purchase the flat which was developed by the builder ERA Landmarks.  The grievance of the complainant is that he has already paid Rs.23 lakhs as interest and regularly paying EMIs.  The builder was convicted in 2017 and now he is in jail and the case is pending before the Supreme Court.  This complainant has not yet received the possession of the flat, he is simply paying the EMIs even though he has not yet taken the possession of the flat due to the conviction of the builder by the court and pendency of the said criminal case before the Hon’ble Supreme Court.

The complainant filed this complaint without making the developer as a party whose presence is very much necessary.

The complainant has also filed IA u/o 1 rule 10 CPC to implead the said Adel Land marks Ltd., as OP2 in this complaint even before admitting the complaint.  When there is a defect in the complaint it is the duty of the complainant to rectify the complaint and then file this complaint before this commission.  

Under these circumstances, it is necessary to return the complainant to file the complaint after making all the corrections and also making the proper OPs in this complaint. This commission cannot entertain the implead application even before admitting the complaint. Hence we proceed to pass the following;

ORDER

Complaint is ordered to be return to the complainant to present it before the commission after complying all the objections and making the proper OPs in this complaint.

MEMBER                              PRESIDENT