Haryana

StateCommission

A/1203/2017

HARYANA STATE CO-OP HOUSING FEDERATION - Complainant(s)

Versus

MEWA DEVI - Opp.Party(s)

SATYAWAN AHLAWAT

17 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                      First Appeal No.1203 of 2017

                                                          Date of Institution:04.10.2017                                              Date of Decision:17.10.2018

 

Haryana State Co-op. Housing Federation Ltd., Bays No.49-52, Sector-2, Panchkula.

…..Appellant

Versus

 

1.      Mewa Devi W/o Sh. Kanwar Singh, R/o Plot No.2333, Mohalla Moti Nagar, Narnaul (Haryana).

2.      Gokal Chand Saini, Secretary, Narnaul Co-operative Society House Building Society Ltd. Narnaul.

3.      Assistant Registrar, Co-operative Society Narnaul through Development Officer, Housing Federation, Haryana.

 

 

…..Respondents

 

 

CORAM:             Mr.Ram Singh Chaudhary, Judicial  Member

                                      

Present:-             Mr.Satyawan Ahlawat, Advocate for the appellant.

                             Mr. S.K. Gupta, Advocate for respondent No.1.

Respondents No.2 & 3 already ex-parte.

                            

                  

O R D E R

 

RAM SINGH CHAUDHARY, JUDICIAL MEMBER

 

 

1.                As per complainant, she had obtained loan of Rs.75,000/- from Narnaul Co-operative House Building Society for constructing her house in the year 1992 and paid Rs.1,34,051/- upto  the year 2004 on various dates. It was alleged that  a letter dated 04.03.2009 was issued by Development Officer, Narnaul to her (respondent No.1) vide which it was informed that on deposit of entire loan amount in lump-sum, the amount of fine and interest will be waived off and vide that letter, due amount upto 17.02.2009 was also disclosed and she was ready to deposit the entire balance amount in lump-sum and an amount of Rs.99,000/- was deposited on 06/07 September, 2010 with O.P No.1 and thereafter no balance amount was due against her. It was further alleged that she requested the O.Ps to issue No Dues Certificate and return all the original documents, but the official of OPs refused to return the same and demanded Rs.1,72,319/- vide notice dated 15.05.2015. It was further alleged that complainant had deposited the total amount of Rs.2,33,051/- against the loan of Rs.75,000/-. Thus, there was deficiency in service on the part of O.Ps.

2.               Upon notice O.P No.1 appeared and taking plea that complainant has deposited an amount of Rs.1,34,051/- with the O.Ps upto the year 2004, while as per record of O.P No.1, she deposited the amount of Rs.2,11,989.37 from 07.06.1993 to 14.09.2010 against the aforesaid loan through O.P No.3 and Rs.1,93,676/- was outstanding against the complainant upto 31.08.2015 alongwith interest and penal interest etc. It was submitted that complainant deposited the amount of Rs.99,000/- vide two demand drafts as part payment and as such without making final payment of the loan the complainant was not entitled for NOC or document which were mortgaged by OP No.3 with OP No.1. It was further submitted that complainant had obtained the loan in the year 1992, but it was wrong that full amount has been deposited on 06.09.2010. Thus, there was no deficiency in service on the part of O.P. No.1 and requested for dismissal of the complaint.

3.                Upon notice O.Ps No.2 & 3 appeared and taking plea that  as per record an amount of Rs.2,66,230/- was due against the complainant and there was no deficiency in service on the part of O.P No.2 and prayed for dismissal of the complaint.

4.                After hearing both the parties, learned District Consumer Disputes Redressal Forum, Narnaul (in short ‘District Forum’) partly allow the complaint vide impugned order dated 30.08.2017  and directed as under:-

“Resultantly, in view of aforesaid discussion, we partly allow the present complaint of the complainant and direct OP No.1 & 3 to return original documents and redeem her property/plot No.2333, Moti Nagar, Narnaul which was mortgaged with the OPs vide mortgage deed No.5026 dated 28.05.1992 and also to issue No Dues Certificate within a period of 30 days from the date of receipt of copy of this order. We further direct OP No.1 & 3 to pay Rs.3300/- on account of mental agony and harassment suffered by her and for litigation expenses. As the complainant failed to prove any deficiency in service and unfair trade practice on the part of OP No.2, so, the complaint qua OP No.2 is hereby dismissed.”

5.                Feeling aggrieved therefrom, O.P No.1 has preferred this appeal.

6.                Notice was issued to respondents No.2 & 3 through registered post, but nobody has appeared on their behalf, so respondents No.2 & 3 were proceeded against ex-parte vide order dated 12.02.2018.

7.                The arguments have been advanced by Sh.Satyawan Ahlawat, the learned counsel for the appellant as well as Sh.S.K. Gupta, the learned counsel for respondent No.1. With their kind assistance the entire records had been properly perused and examined.

8.                As per admitted facts, the loan of Rs.75,000/- was obtained by complainant after mortgaging the property by respondent No.1. The entire amount has been paid, rather it was double of the amount alongwith interest which has been paid by the complainant. However, some of the amount has been embezzled by the officials of Haryana State Co-operative Housing Federation. In fact the entire amount was paid by the complainant, but the papers of property had not been returned. Learned counsel for respondent No.1 referred to Annexure C-3 of the policy form issued by the State Government for Recovery Linked One Time Settlement Scheme of Housing Loan advanced by Haryana Housing Federation. It has been mentioned under clause-2 & 3 of the said policy that the beneficiaries must clear the original loan amount alongwith interest equal to the original loan amount i.e. double of the original loan amount. Since the present case is clearly covered by sub clause-2 & 3 of the said policy, the complainant is not liable to make any payment. Learned District Forum, Narnaul had not committed any illegality while allowing the complaint, so the appeal is hereby dismissed.

9.                Statutory amount of Rs.1650/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

 

October 17^th, 2018                                                                 Ram Singh Chaudhary                                                                                            Judicial Member                                                                                                       Addl.Bench                           

R.K.