BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 235 of 2020                                                                          

                                                            Date of Institution :    12.10.2020.

                                                          Date of Decision   :    13.08.2024.

1. Bhagwan Dass, aged about 62 years son of Shri Buta Ram,

2. Laxmi Devi aged about 59 years wife of Shri Bhagwan Dass,

3. Boota Ram now deceased through his legal heir Bhagwan Dass son of Boota Ram son of Shri Nanak Chand, all residents of 407/11, Gali No.1, Near Petrol Pump, Kirti Nagar, Sirsa, Tehsil and District Sirsa.

                             ……Complainants.

                             Versus.

1. LIC Housing Finance Ltd. FF-DSS71, CUE, II Delhi Road, Hisar (Haryana) through its Area Manager.

2. Dalip Singh, Agent, LIC Housing Finance Ltd. Near Gupta Ayurvedic Clinic Lal Batti Chowk, Sirsa (HRY).

...…Opposite parties.

            Complaint under Section 12 of the Consumer Protection Act, 1986.

Before:       SH. PADAM SINGH THAKUR …………PRESIDENT                                  

                       MRS.SUKHDEEP KAUR………………MEMBER.

                   SH. OM PARKASH TUTEJA………….MEMBER 

Present:       Sh. R.S. Bhakar, Advocate for complainants.

                   Sh. Puran Chand, Advocate for opposite parties.                              

ORDER

                   The present complaint has been filed by complainants under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).

2.                In brief, the case of the complainant is that earlier complainants had taken to different loans of Rs.15,41,291/- and Rs.5,83,697/- from ICICI Home Finance. Thereafter, op no.2 being the agent of op no.1 contacted the complainants and allured them to get sanctioned the loan facility from op no.1 and disclosed about the conversion policy under which the above said two loan facilities already taken by complainants shall be converted into the loan facilities and complainants became ready to for the same and got the same converted into the loans. All the requisite formalities were got completed by op no.2 himself. That in this manner, complainants had got sanctioned two different loans of Rs.21,00,000/- vide loan No. 312100003705 and Rs.6,00,000/- vide loan no. 312100003704 for Home Entity and for improvement/ renovation respectively from op no.1, amount of which has been deposited in the loan account ICICI HF of complainants on 09.05.2019 through cheque. It is further averred that as per rules, the amount of loan was to be repaid by complainants alongwith agreed rate of interest through installments. The monthly installment qua the loan of Rs.21,00,000/- was Rs.22,896/- whereas monthly installment qua the loan of Rs.6,00,000/- was Rs.6277/-. That immediately after sanction of the loan, the monthly installments of both the above loans of Rs.22,962/- and Rs.6295/- have been deducted by op no.1 from the loan accounts of complainants on 10.05.2019 whereas the amount of interest of Rs.3200/- and Rs.1160/- has been deducted on 02.05.2019 whereas as per the mandatory provisions, the amount of installment including interest etc. was to be deducted by op no.1 from the loan accounts of complainants after passing of month from the date of sanction of the loan i.e. in the month of June, 2019. It is further averred that immediately after coming to know about the above said deductions, the complainants approached op no.1 in this regard and also moved a written complaint through op no.2 but of no use. That since no response whatsoever was ever received by complainants from the side of ops, therefore, they also got issued a legal notice to the ops on 05.11.2019 upon which ops orally assured and promised them that amount already deducted from their accounts shall be adjusted in the coming future installments but later on they did not do so and now they have flatly refused to admit the claim of complainant and the act and conduct on the part of ops clearly amounts to deficiency in service and unfair trade practice due to which they have suffered unnecessary harassment. Hence, this complaint.

3.                On notice, ops appeared. Op no.1 filed written statement taking certain preliminary objections that complaint is wholly mis conceived and frivolous which is unsustainable in the eyes of law and has been filed without any justified reason/ cause against op no.1 just to harass, defame and with ulterior motive; that complainants are not consumer of the op no.1 as they after availing take over loan facilities have again shifted to HDFC Bank from where the loan has already been taken over. The loan accounts of complainants have already been adjusted and as such complainants are no more consumer of the answering op. It is further submitted that complainants had obtained credit facilities from ICICI Bank previously where after complainants approached the op no.1 for taking over the loan and to further increase the limits availed by them. The complainants thereafter again shifted to HDFC Bank and closed down the loan accounts with op no.1 and they have been exploiting the financial institution as is clear from their conduct. Other preliminary objections regarding cause of action and estoppal are also taken.

4.                On merits also, it is submitted that complainants had approached the answering ops for taking over of the loan and to further enhance the credit facilities and submitted their loan application in this behalf. The answering op agreed to the same and sanctioned two different loans of Rs.21,00,000/- and Rs.6,00,000/-. This loan was also sanctioned in March 2019 and as per the request of complainants, cheques of the loan amount including take over amounts were duly issued by op no.1 and accordingly as per system of op no.1 the interest started accruing thereon. It is a fact that op no.1 inspite of the fact that cheques were duly issued by op no.1 on 30.03.2020, the complainants did not deposit the said amount in ICICI Housing Finance, till 09.05.2019 for the reasons best known to them, but as the amount of loan was allocated to the complainants and as such the said amount could not be used by answering op for any other purpose, so interest for the said period was debited to the loan accounts. The complainant has wrongly claimed the interest amount of Rs.3200/- and Rs.1160/- to which complainants are not entitled. It is further submitted that answering op as per demand of complainants vide their application processed the loan and issued cheques payable to ICICI Housing Finance as well as the remaining loan amounts and after issuance of the cheque the loan accounts of complainants were duly debited and interest accrued to the answering ops. All these facts were very much in the knowledge of complainants but the complainants themselves did not take away the cheques and did not deposit with ICICI Housing Finance and was deposited late with the said company on 09.05.2019. The monthly installments as well as interest have been debited to the loan accounts of complainant as per agreement. The loan was sanctioned in March, 2019 and complainants have wrongly mentioned about sanction of loan in May, 2019. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.

5.                Op no.2 suffered a statement that written statement filed on behalf of op no.1 may be read on his behalf.

6.                The complainants in evidence have tendered affidavit of complainant Bhagwan Dass as Ex. CW1/A and documents Ex.C1 to Ex.C16.

7.                On the other hand, ops have tendered affidavit of Sh. Vikas Area Manager as Ex. RW1/A and documents mark R1 to mark R7.

8.                We have heard learned counsel for the parties and have gone through the case file.

9.                From the statements of accounts mark R3 and mark R7, it is evident that loan amounts were sanctioned and disbursed to the complainants on 30.03.2019 and interest amounts of Rs.3200/- and Rs.1160/- were deducted on 30.04.2019. So, it cannot be said that loan amounts were disbursed in the month of May, 2019 and interest was to be deducted from June, 2019 as alleged by complainants. The op no.1 deducted the above said loan amounts as per agreement and as per system of op no.1. The op no.1 has advanced huge loan amounts to the complainants i.e. of Rs.21,00,000/- and Rs.6,00,000/- for paying the same to the earlier finance company for which they had obtained home loan and complainants have raised petty matter of deducting interest amounts of Rs.3200/- and Rs.1160/- which have also been deducted by op no.1 as per rule and agreement and as such ops are not deficient in service and there is no unfair trade practice on the part of ops rather it appears that complainants themselves late deposited the loan amounts with ICIC Housing Finance for which loan amounts were taken by complainants.

10.              In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.  

Announced:                             Member      Member                President,

Dated: 13.08.2024.                                                        District Consumer Disputes

                                                                            Redressal Commission, Sirsa.