DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 454 of 3.11.2016
Decided on: 12.1.2018
Baljinder Singh son of Late Sarwan Singh resident of 1816, Urban Estate, Phase II. Patiala.
…………...Complainant
Versus
1. The Managing Director, Madras Housing Finance Ltd., Registered Office 3-D, Mount Chambers, 758, Mount Road, Madras.
2. The Manager/Director, Madras Housing Finance Ltd.,C/o Rockland Leasing Ltd.204-A/3, IInd Floor, Govind Puri, Kalka Ji, New Delhi-110019.
3. The Branch Manager, Madras Housing Finance Ltd., Branch Office at 105, Chhoti Baradari, The Mall, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Shangara Singh,Advocate, counsel for complainant.
Opposite parties No.1to 3 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Complainant Baljinder Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.).
In brief , the case of the complainant is that he applied for mortgage credit loan which was granted to the tune of Rs.50,000/- and was allotted registered No.1001 by the OPs. According to the terms and conditions of the agreement, the said loan was to be returned within five years by payingEMI of Rs.1451/- per month. The complainant paid installments w.e.f. June 1997 to 1998with the office of the OPs at Patiala. He also paid Rs.25000/- vide cheque No.408414 dated 10.4.97. It is stated that the installment for the month ofAugust, 1998 could not be paid as the office of the OPs situated at Patiala was permanently closed. He was left with no option but to seek clarification for paying the remaining installments. He received a letter whereby he was directed to pay the remaining installments at the Chandigarh Office. He went to Chandigarh office to deposit the installment amount and found that the said office was also closed. Then he made the queries from the head office. Vide letter No.11021 dated 26.10.99, he was directed to pay the remaining installments in lump sum. Thereafter, he received a letter dated 18.12.1999 directed him to pay the entire outstanding amount within 30 days failing which the company shall be left with no other option but to invoke the mortgage and dispose is stated that he sent a letter dated 21.2.2004 stating therein that he had handed over 50 demand drafts at Patiala and Chandigarh branches of the Ops, who issued the receipts in this regard. Vide said letter he also enquired where to pay the remaining installments but no response was received from the OPs. He also got sent a legal notice dated 6.6.2016 upon the OPs which was received back undelivered. The act and conduct of the OPs amounted to deficiency in service which caused mental agony and physical harassment to him. Hence this complaint with a prayer for a direction to the OPs to intimate him the accurate amount due against him against the loan, to pay Rs.50,000/- as compensation for causing mental agony and physical harassment and also to grant any other relief which fit.
On being put to notice through publication, OPs failed to appear and were accordingly proceeded against ex-parte.
On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence of the complainant.
We have heard the ld.counsel for the complainant and have also gone through the record of the case, carefully.
In the letter dated 18.12.1999, Ex.C4, written by the OP no.1 to the complainant, it is stated that the company had no office at Patiala or Chandigarh. The offices of Rockland Leasing Ltd. were providing services to the company but it closed its offices.From the copy of letter dated 22.4.1997,Ex.C1, it is evident that the Rockland Leasing Ltd. had received the cheque dated 10.4.1997 for Rs.25000/- asfirst installment of housing loan of Rs.50,000/- from the complainant on behalf ofMadras Housing Finance Ltd. From the said letters it is clear that the Madras Housing Finance co. was doing its business at Patiala through Rockland leasing Ltd. company. The complainant has contended that he deposited the loan amount pertaining to the period June 1997 to July 1998 with the Ops at Patiala office. But after the closer of the said office, he made all the efforts to repay the outstanding loan amount, but was not able to deposit the amount because in contravention of agreement of loan he was asked to repay the entire loan amount in lump sum. He requested the Ops to allow him to pay the remaining loan amount in installments as per the agreement, but no communications whatsoever was received from the Ops. He is still willing to pay the remaining loan amount. This contention of the complainant, which is duly supported by his affidavit has gone un-rebutted as the Ops instead of contesting the case have preferred not to appear before this Forum. As such we have no reason to disbelieve the contention of the complainant .Under above circumstances, it can be said that it was the Ops who were at fault and not the complainant and for the act and conduct of the Ops the complainant cannot be landed into financial loss by dismissing the complaint. The complaint is accordingly allowed and the Ops are directed to allow the complainant to deposit the remaining loan installment(s), without charging any penal interest and release the document of property, which the complainant had mortgaged with the OPs while taking the loan. The Ops are further directed to pay Rs.10,000/- as compensation for causing mental agony and physical harassment to the complainant and also pay Rs.5000/- as litigation expenses. The OPs are directed to comply these directions within a period of 30 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:12.1.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
