Delhi

New Delhi

CC/740/2015

Smt. Shobha Devi - Complainant(s)

Versus

L&T Housing Finanace Ltd. - Opp.Party(s)

09 Jan 2020

ORDER

 

 

                       CONSUMER DISPUTES REDRESSAL FORUM-VI

                           (DISTT. NEW DELHI),

                         ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                 NEW DELHI-110001

 

Case No.CC./740/2015                                             Dated:

In the matter of:

       Smt Shobha Devi

      W/o sh. Vijay Kumar tapadia

        Director of jolly girls wear Pvt. Ltd.

      Office at : lX- 66498, Janta Gali,

        Gandhi Nagar, Delhi-110031 

                           ……..COMPLAINANT

 

VERSUS

 

M/s L & T Housing Finance Ltd.

Through its director / authorized person

At: 39,2^nd Floor, Samyak tower

Pusa road, Karol Bagh, Delhi

Also at : 5^th 6^th Floor  D.C.M Building

Barakhamba  Road  Connaught Place

New Delhi-110001

1.  

 

 

 

 

ARUN KUMAR ARYA - PRESIDENT

   ORDER

The gist of the complaint is that the complainant is running a business of readymade garments in Gandhi Nagar. In the month of May 2015 an executive namely Sh. Badri mobile no. 989982085 as stated in complaint of Opposite party visited the office of complainant  and asked  to obtain loan on very nominal rate of interest from opposite party. After discussion with the executive of opposite party, the complainant agreed to take loan from the opposite party.

The executive of the opposite party asked to complainant to fulfill some formalities for taking the loan, he took signatures of the complainant on some forms regarding the loan, plain papers and a blank signed cheque. The executive of the opposite party assured the complainant that the loan would be transferred in complainant account within 10-15 days and also assured that the rate of interest of the loan would be the lowest from the other banks.

That after some time when complainant visited his bank for the passbook entry, he shocked to know that a cheque of Rs. 1,62,822/- bearing number 092717 which was given  to the executive of the opposite party cleared. The complainant enquired from the OP in respect to his loan but however, he was not given any satisfactory reply. Later on, the complainant asked the bank to return  Rs. 1,62,822/- which was assured by the OP. However, this amount was never transferred  in the account of complainant. Alleging deficiency in service on the part of OP, following prayer has been made:-

1. Make an award thereby directing the OP to return  Rs. 162822/- along with 18% per annum interest till actual realization and;
2. Direct the respondent/Op no.1 and 2 to pay a sum of Rs. 25,000/- towards compensation for mental agony and harassment  caused to the complainant and;
3.  Direct  the respondent /OP to pay a sum of Rs. 10,000/-  towards the cost of these  proceedings and;
4. Pass any other or further order, which this Hon’ble  Forum may deem fit and proper in the facts and circumstances of the case in favour of complainant  in the interest of justice.

The Opposite Party filed written statement / versions after notice.

In its reply OP stated that after processing the loan application of the complainant  and after verifying all the details and completion of all the documentation has sanctioned  the loan amount of Rs. 3 crore vide their loan account no. DELHI 15000229 to the complainant vide Loan offer letter dated : 30-05-2015 and the same was duly received and acknowledged by both the applicants/ complainant by affixing  their signatures on the said loan offer letter. That thereafter the opposite party  has several times requested  the complainant to furnish the details where the loan amount is to be disbursed but the complainant failed to furnish the said details.

It is further submitted  that the opposite  party  has charged Rs. 1,62,922/-  as loan processing  fees  and as the loan application of the complainant was duly processed and the loan amount was sanctioned  in favour of complainant and thereafter the said charges  was credited in the account  of the opposite party  which clearly  shows that the purpose for which the said charges  were received  by the opposite party  was duly  fulfilled and as such the same cannot be refunded  on the ill wishes of the complainant.

The complainant filed its evidence by way of affidavit with relevant provisions of law.

We have considered the material placed before us and the submissions of the parties. As per the Loan application form, it is clearly mentioned that the application form is subjected to satisfactory compliance of the credit norms of LTHFL including but not limited to satisfactory  technical and legal compliance. The complainant agreed that LTHFL shall have the absolute discretion to reject this Loan Application Form and that LTHFL  shall not be liable in any manner  to the applicant for such rejection. Besides that the log-in fees of Rs. 5618/- plus applicable taxes  payable towards availing the loan shall be non-refundable under all circumstances. For processing the loan of a party, a bank has to undergo many processes of verification though different agencies and has to pay to them accordingly :

“In case of acceptance or rejection of loan these expenses are incurred by OP for processing  the loan and as such are not refundable.”

Keeping in view the facts and circumstances of this case the complaint is devoid of merits and dismissed with no orders as to cost.

Copy of the order may be forwarded to the parties to the case     free of cost as statutorily required. 

 Announced in open Forum on  10/01/2020.

   The orders be uploaded on www.confonet.nic.in

   File be consigned to record room.

 

 

 

                                                         (ARUN KUMAR ARYA)

                                                                PRESIDENT

 

   (NIPUR CHANDNA)                                                                             (HM VYAS)

        MEMBER                                                                                          MEMBER