Orissa

Cuttak

CC/71/2023

Dr Biswaranjan Panda - Complainant(s)

Versus

PNB Housing Finance Ltd - Opp.Party(s)

S K Das & associates

24 Jul 2023

ORDER

            IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.71/2023

1.         Dr.Biswaranjan Panda,

S/O: Late Satrughana Panda,

Resides at Plot No.C/19,Sector-7,CDA,

PS:Markatnagar,Dist:Cuttack,

Pin-753014.                                

 

2.         Mrs. Dadambini Panda,

W/O: Dr.Biswaranjan Panda,

Resides at Plot No.C/19,Sector-7,CDA,

PS:Markatnagar,Dist:Cuttack,

Pin-753014.                                                                        ... Complainants.

 

          Vrs.

 

Branch Manager,

PNB Housing Finance Ltd.,

Office No.1 & 2,5^thFloor,Block-2,

Bhawani Mall,Saheed Nagar,

Bhubaneswar,Dist: Khurda,Pin 751007.                       ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:   04.03.2023

Date of Order:  24.07.2023

 

For the complainants     :          Mr. S.K.Das,Adv. & Associates.

For the O.P                       :None.

 

            Sri Debasish Nayak,President.

Case of the complainants as made out from the complaint petition in short is that after they came in contact with the agent of the O.P, they had preferred to purchase a new building through the O.P.  Accordingly, a sum of Rs.94,86,000/- was sanctioned in their favour by the O.P vide sanction order reference no.HOU/BBSR/1221/933788 on 10.12.2021. As per the terms and conditions the said loan amount was to be repaid in 336 number of E.M.Is @ Rs.66,674/-.  But for a long periodthe said loan amount was not disbursed in favour of the complainants for which the complainants were constrained to cancel the loan facility without opting for it.  Quite strangely, even after cancelling the loan, the O.P has not returned the documents to the complainants to that effect, rather has deducted E.M.I and other charges amounting to Rs.3,82,578/- on different dates from 10.12.2021 to 5.6.2022 from the Savings Bank account of the complainants bearing No.11258641199 at S.B.I,Bidanasi Branch of Cuttack without even intimating the complainants to that effect.  The matter was brought immediately to the notice of the O.P and subsequently legal notice was also issued to him and ultimately with much persuasions the O.Prefunded Rs.1,75,376/- only but still has not refunded the balance amount of Rs.2,07,702/-.  It is for this, the complainants have come up with their case before this Commission seeking direction to the O.P to refund their balance amount of Rs.2,07,702/- alongwith interest thereon @ 10% per annum and also to pay compensation of Rs.1,00,000/- & a sum of Rs.25,000/- towards their litigation expenses and further a sum of Rs.20,000/- towards their mental agony.  They have also prayed for any other reliefs as deemed fit and proper.

          In order to substantiate their case, the complainants have filed copies of several documents alongwith their complaint petition. 

2.       The O.P having not preferred to contest this case was set exparte vide order dt.24.4.2023.

3.       The points for determination in this case are as follows:

          i.          Whether the case of the complainants is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainants are entitled to the reliefs as claimed by them?

Point no.ii.

Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After going through the averments of the complaint petition and as per the copies of documents available in this case record, it is noticed that infact the complainants came in contact with the agent of the O.P and had preferred to purchase a new building through them.Accordingly, a sum of Rs.94,86,000/- was sanctioned in their favour by the O.P vide sanction order reference no.HOU/BBSR/1221/933788 on 10.12.2021. As per the terms and conditions that the said loan amount was to be repaid in 336 number of E.M.Is @ Rs.66,674/-.  But the loan amount was not disbursed in favour of the complainants for which the complainants were constrained to cancel the loan facility without opting for it as they had waited for quite a long period.  Quite strangely, even after cancelling the loan, the O.P has not returned the documents to the complainants to that effect, rather has deducted E.M.I and other charges amounting to Rs.3,82,578/- on different dates within 10.12.2021 to 5.6.2022 from the Savings Bank account of the complainants bearing No.11258641199 at S.B.I,Bidanasi Branch of Cuttack even without intimating them to that effect.  After issuing legal notice and pursuing the O.P for several times, the O.P has refunded to the complainants an amount of Rs.1,75,376/- but still has not refunded the balance amount of Rs.2,07,702/- to them.  As it appears, the O.P without even sanctioning the loan & without providing any service to the complainants have deducted the E.M.I and other charges amounting to Rs.3,82,578/- on different dates within 10.12.2021 to 5.6.2022 from the Savings Bank account of the complainants bearing No.11258641199 at S.B.I,Bidanasi Branch of Cuttack without  intimating them which definitely amounts to gross deficiency in his service towards the complainants.   Hence, this point goes in favour of the complainants.

Points no.i& iii.

From the discussions as made above, the case of the complainants is maintainable and complainants are thus entitled to the reliefs as claimed by them.  Hence it is so ordered;

 

                                              ORDER

The case is allowed exparte against the O.P.  The O.P is directed to refund Rs.2,07,702/- to the complainants as deducted from their account alongwith interest @ 10% per annum from the date of deduction i.e. from 11.12.2021 till the amount is quantified.  The O.P is also directed to pay the complainants a sum of Rs.1,00,000/- towards compensation fortheir mental agony and harassment alongwith a further sum of Rs.20,000/- towards the litigation expenses as made by the complainants.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 24^th day of   July,2023 under the seal and signature of this Commission.          

                                                                                                                  Sri Debasish Nayak

                                                                                                                         President

                     

 

                                                                                                                    Sri Sibananda Mohanty

                                                                                                                                  Member