Tamil Nadu

South Chennai

CC/24/2014

Ms.Mythili - Complainant(s)

Versus

National Trust Housing Finance Pvt Ltd - Opp.Party(s)

M/s.K.Senthil Kumar

06 Dec 2018

ORDER

                                                                      Date of Filing  : 17.09.2013

                                                                   Date of Order : 06.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

             

C.C. NO.24/2014

DATED THIS THURSDAY THE 06^TH DAY OF DECEMBER 2018

Ms. Mythili,

W/o. Mr. A. Susairaj,

No.106/3, Vallavar Nagar,

Ennore,

Chennai – 600 051.                                                                 .. Complainant

..Versus..

 

1. The Sr. Branch Manager,

National Trust Housing Finance Pvt. Ltd.,

No.4, 1^st Main Road,

SLN Plaza,

Gandhi Nagar,

Vellore – 632 006.

 

2. The Manager,

National Trust Housing Finance Pvt. Ltd.,

Corporate Office,

No.1/1B, Club House Road,

Subramanian Building,

Ground Floor,

Opp. Anna Salai,

Chennai – 600 002.                                                .. Opposite parties.

 

Counsel for complainant           :  M/s. K. Senthil Kumar & others  

Counsel for 1^st opposite party  :  Exparte  

Counsel for 2^nd opposite party :   M/s. S. Jayasankar & another

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 praying to return back all the original documents deposited with the 1^st opposite party, to cancel the Memorandum of Deposit of title deeds registered as Doc No.2654/2012, dated:15.11.2015, SRO – Pochampalli, to pay a sum of Rs.23,530/- being amount spent by the complainant and to pay a sum of Rs.4,00,000/- towards compensation for mental agony and hardship with cost to the complainant.

1. The averments of the complaint in brief are as follows:

The complainant submits that on the induce of the 1^st opposite party’s representatives the complainant applied for a housing loan of Rs.6,00,000/- which was sanctioned on 29.09.2012.  At the request of the opposite parties, the complainant executed Registered Memorandum of Deposit of title deeds as Doc. No.2654/2012 dated:15.11.2012 and handed over all the original documents.  The complainant submits that even after execution of Memorandum of Deposit of title deeds, the opposite parties has not disbursed the loan. Hence, the complainant issued legal notice dated:10.04.2013 for which, the 1^st opposite party sent a reply dated:18.04.2012.  The complainant also sent a rejoinder dated:15.05.2012.    The complainant submits that several documents not produced by the  complainant resulting no such sanction accorded by the opposite parties.  The complainant submits that a sum of Rs.5,595/- has been deposited towards Insurance policy with Birla Sunlife and Royal Sundaram Alliance for no reason. The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.     Inspite of receipt of notice, the 1^st opposite party has not chosen to appear before this Forum and hence the 1^st opposite party was set Exparte. 

3.   The brief averments in the written version filed by the 2^nd opposite party is as follows:

The 2^nd opposite party denies each and every allegation except those that are specifically admitted herein.   The complainant approached the 1^st opposite party at its Branch Office at Vellore for a housing loan.  The 2^nd opposite party states that the complainant has submitted only the photo copies of the documents pertaining to her property and never submitted the original documents of title pertaining to her property.  The 2^nd opposite party before getting housing loan sanctioned from the Corporate Office of the opposite parties, the complainant suo moto got the Memorandum Relating to confirming Deposit of Title Deeds executed and registered on 15.11.2012 and even the original of the said mortgage deed was never furnished to the opposite parties and the opposite parties never asked the complainant to register  the said mortgage deed.  The 2^nd opposite party states that in the letter dated:07.12.2012 alleged to have been written by the husband of the complainant to the opposite parties, no where the husband of the complainant has stated that though all the formalities were completed, no cheque was given which shows that the opposite parties have not sanctioned the housing loan.  The completion of all formalities was done by the complainant only for the purpose of sanctioning loan.  No point of time the loan was sanctioned to the complainant by the opposite parties.  No single documents pertaining to the complainant’s property was ever produced or deposited with the opposite parties. The legal notice dated:10.04.2013 was duly replied by the opposite parties on 18.04.2013.  Therefore, there is no deficiency in service on the part of the 2^nd opposite party and hence the complaint is liable to be dismissed.

4.      In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A15 are marked.   In spite of sufficient time is given the 2^nd opposite party after filing his written version has not turned up to file any proof affidavit to prove the contentions raised in the written version and hence it is concluded as ‘No Proof Affidavit’.

5.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.23,530/- expended towards sanction of loan as prayed for?

2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for mental agony as prayed for?

3. Whether the complainant is entitled to the original documents and cancellation of Memorandum of Deposit of title deeds registered as Document No.2654/2012 dated:15.11.2012, SRO-Pochampalli with cost as prayed for?

6.      On point:-

The 1^st opposite party remained Exparte.  The 2^nd opposite party after filing his written version has not turned up to file any proof affidavit to prove the contentions raised in the written version.  The complainant filed written arguments.  Perused the records namely the complaint, written version, proof affidavit of the complainant and documents.   The complainant pleaded and contended that on the induce of the 1^st opposite party’s representatives the complainant applied for a housing loan of Rs.6,00,000/- which was duly sanctioned on 29.09.2012.   Ex.A2 is the sanction letter.   At the request of the opposite parties, the complainant executed Registered Memorandum of Deposit of title deeds as Doc. No.2654/2012 dated:15.11.2012 as per Ex.A6 and handed over all the original documents.  Further the contention of the complainant is that even after execution of Memorandum of Deposit of title deeds, the opposite parties has not disbursed the loan amount.  Hence, the complainant issued legal notice dated:10.04.2013 as per Ex.A12 for which, the 1^st opposite party sent a reply dated:18.04.2012 as per Ex.A13.  The complainant also sent a rejoinder dated:15.05.2012 as per Ex.A14.  The 2^nd opposite party raised the contention that the complainant voluntarily executed the document Memorandum of Deposit of titled deeds in which, the opposite parties has not signed.  But the Memorandum of Deposit of title deeds shall be registered in the presence of both the parties. 

7.     Further the contention of the complainant is that several documents not produced by the  complainant resulting no such sanction accorded by the opposite parties.  But it is very clear from Ex.A2, the loan was sanctioned with conditions.  Further the contention of the complainant is that a sum of Rs.5,595/- has been deposited towards Insurance policy with Birla Sunlife and Royal Sundaram Alliance for no reason.   Ex.A1 is the ICICI Bank receipt which shows the said amount.  The complainant is claiming a sum of Rs.23,530/- towards expenses.  But no other document except Ex.A1 is produced by the complainant. The claim of compensation of Rs.4,00,000/- also seems to be imaginary.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties shall refund a sum of Rs.5,595/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order and the opposite parties shall cancel the Memorandum of title deeds and return the documents received from the complainant within one month and a compensation of Rs.30,000/- with cost Rs.5,000/- is ordered.

  In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.5,595/- (Rupees Five thousand five hundred and ninety five only) being amount deposited for no reason along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 17.09.2013 to till the date of this order (i.e.) 06.12.2018, to cancel the Memorandum of Deposit of title deeds and return the documents received from the complainant within one month from the date of this order and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation of damages for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of December 2018. 

 

MEMBER –I                       MEMBER-II                              PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	04.09.2012	Copy of ICICI Bank receipt
Ex.A2		Copy of Sanction conditions letter
Ex.A3	16.10.2012	Copy of demand drafts
Ex.A4		Copy of schedule page legal opinion given by Bank
Ex.A5		Copy of modal copy of MOT draft given by bank
Ex.A6	15.09.2012	Copy of MOT Doc.2654/2012
Ex.A7	26.11.2012	Copy of Encumbrance Certificate
Ex.A8	07.12.2012	Coy of letter from the complainant’s husband to the 2nd opposite party
Ex.A9	11.12.2012	Copy of letter from the complainant to the opposite parties
Ex.A10	05.01.2013	Copy of letter of acknowledgement from postal department
Ex.A11	16.01.2013	Copy of letter of acknowledgement from postal department
Ex.A12	10.04.2013	Copy of legal notice
Ex.A13	18.04.2013	Copy of reply from the 1st opposite party
Ex.A14	15.05.2013	Copy of rejoinder
Ex.A15		Copy of postal acknowledgment

 

2^nd OPPOSITE  PARTY SIDE DOCUMENTS:  No Proof Affidavit

 

 

MEMBER –I                       MEMBER-II                              PRESIDENT