IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 20th day of March, 2018
Filed on 17.01.2018
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.10/2018
between
Complainant:- Opposite Parties:-
Sri.Bhaskaran.V.G 1. Mahindra Rural Housing
Vadakkechiraveettil Finance Ltd.
Pulinkunnu Panchayath Mahindra Towers
Kuttanadu Taluk P.K.Kurne Chowk
Alappuzha Worli, Mumbai 400 018
2. The General Manger
Mahindra Rural Housing
Finance Ltd. 2nd Floor Kytharam complex
Union Club Junction
Kottayam 686001
3.. The Manager
Mahindra Rural Housing
Finance Ltd.
Chandra Square
2nd Floor Cullen Road,
Mullackal, Near Sriram Mandir
Alappuzha.
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in a nutshell is as follows:-
The complainant on 27th June 2015 vid Application No. 1378049 & Agreement No. XRESKTM 00286065 availed a loan amount of Rs. 2,90,000/-. The complainant had actually sought a loan of Rs. 3,00,000/- from the opposite parties, but only Rs. 2,90,000/- was disbursed. The aforesaid loan amount was obtained for the purpose of putting up a residential building for the complainant and his family. The complainant has mortgage his property for getting the instant loan disbursed. On availing the said loan the complainant has been repaying the loan regularly, and as such he had effect payment of Rs. 2,18,000/- as on 23rd January 2018. In the meantime the complainant had been suffering from serious aliment. The complainant approached the opposite parties, and sought to let him close the loan account on remitting the balance amount on excluding the penal interest. However the opposite parties issued a notice calling upon the complainant to remit an amount of Rs. 2,55,534/-. The opposite parties demanded exorbitant amount. The opposite parties practice is unfair, and such committed deficiency of service. Feeling aggrieved, the complainant approached this Forum for compensation and other relief.
2. Notwithstanding the notice being served, the opposite parties did not make it a point to turn up before this Forum to challenge the complainant’s case. Resultantly, the opposite parties were set ex-partie.
3. The complainant evidence consists of the complainant’s proof affidavit and the documents produced have been marked as Ext.A1 to A3. As observed earlier the opposite party neither turned up before this Forum nor did challenge the complainant case.
4. Holding the complainant’s contentions in view, the questions that crop up for consideration are:-
(a) Whether the complainant made repayment of Rs. 2,18,000/- as claimed by
him?
(b) Whether the opposite parties service deficient?
© Whether the complainant is entitled to any relief?
5.. The complainant’s specific case is that the complainant on 27th June 2015 availed a loan amount of Rs. 2, 90,000/- from the opposite party for the purpose of putting up a residential building. Thereafter the complainant effected payment of Rs. 2,18,000/- as on 23rd January 2018. The complainant had been suffering from a kind of serious ailment. The complainant was very much prepared to close the loan account on remitting the balance amount, and approached the opposite parties for the said purpose. The complainant requested the opposite parties to set off the penal interest. I the mean time the opposite paties issued a demand notice calling upon the complainant to remit an amount of Rs. 2,55,534/- The opposite parties were reluctant to accept the complainanat’s earnest request, and had not allowed the complainant to close the loan account. The opposite parties hold back the title deed of the complainant’s property along with other documents. The complainant sustained both mental agony and other hardships. Bearing the complainant’s contentions alive in mind, we anxiously perused the available materials placed on record. The documents Ext.A1 to A3 produced by the complainant duly evidence that the complainant has availed a loan amount Rs.2,90,000/- from the opposite parties, and affected a payment of Rs. 2,18,000/-. There after the complainant approached the opposite parties and expressed his willingness to pay off the entire debt. Upon this the opposite parties demanded excessive amount from the complainant. As we have already observed the opposite party was reluctant to turn up before this Forum or to challenge the complainant’s apparently probable case which has been more furthered by the proof affidavit and the Exibts. We have no hesitation to hold that the complainant case stands well – substantiated. We need hardly say, the complainant is entitled to relief. In the result the complaint is allowed accordingly.
6. In the wake of what have been elaborated supra, the opposite parties are directed to receive from the complainant an amount of Rs. 72,000/- the amount of which the complainant still owes to the opposite parties which Rs. 2,18,000/-(Rupees Two lakh eighteen thousand only) the complainant already remitted is deducted from the actual loan amount of Rs. 2,90,000/- (Two lakh ninety thousand only). It is further ordered that the opposite parties are entitled to charge and collect 9% interest on the loan amount of Rs. 2,90,000/- from the date of disbursal of the material loan till January 2018. It is further ordered that in the said event of complainant affecting payment the opposite parties shall give back the complainant all documents forthwith on the same day. The opposite parties are directed to let the complainant effect payment as and when he is prepared for the same.
In the result, the complaint is allowed accordingly. No order as to compensation or cost.
Pronounced in open Forum on this the 20th day of March, 2018.
Sd/- Sri. Antony Xavier (Member)
Sd/-Smt.Elizabeth George (President)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original Customer receipts
Ext.A2 - Statement of Account
Ext.A3 series - Account statement series.
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-br/-
Compared by:-
