Punjab

Ludhiana

CC/23/122

Karamjit Kaur - Complainant(s)

Versus

Pramal Capital & Housing Finance Ltd - Opp.Party(s)

Sharwan Sehgal

11 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 122 dated 21.03.2023.                        

                               Date of decision: 11.04.2023. 

1.Karamjit Kaur wife of Shri Shishpal Singh,

2.Shishpal Singh son of Shri Balbir Singh,

  Both residents of House No.21, Malkit Avenue, Barewal Road, Ludhiana. Phone No.81460-78620. Email: Sharwansehgal@hotmail.com.                                  

                                                                                       ..…Complainants

                                                Versus

Piramal Capital and Housing Finance Ltd., (Formerly known as Dewan Housing Finance Corporation Ltd.), SCO 16-17, Feroze Gandhi Market, Ludhiana, through its Manager. Ph.No.022-69181439.

…..Opposite party

Complaint under Section 35 of The Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainants           :         Sh.Sharwan Sehgal, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                By way of filing the present complaint, the complainants have challenged the issuance of notice dated 24.01.2023 issued by the OP wherein the complainants have asked to clear the outstanding dues amounting to Rs.11,595/- and alleged that calculations/recalculations of interest and penal interest are illegal. The bifurcation of the aforesaid pending amount is given as under:-

LC 192LUD30485 Karamjit Kaur	Amount due as on 24.01.2023
EMI/Interest over due	Rs.5594/-
Penal Interest	Rs.6001/-
Total Dues	Rs.11595/-

 

The complainants have further prayed for quashing of the said notice and have also sought fresh calculation in accordance with the relevant rules of RBI.

2.                We have heard the counsel for the complainants on the point of admissibility of the complaint.

3.                Counsel for the complainants has reiterated the version of the complaint in their arguments and prayed for admissibility at the preliminary stage.

4.                In para no.9, the complainants have referred to filing of an earlier complaint no.692 of 2016 decided vide order dated 08.07.2022 passed by Camp Court of Ludhiana. The said complaint was partly allowed and demand of Rs.1000/- plus service charges on account of retrieval of the original property paper was quashed and the OP was held liable to compensate the complainant for a sum of Rs.20,000/-. However, in para no.11, the Camp Court of Ludhiana had made the following observations:-

“We observe that no interference is warranted for the purpose of calculation/recalculation of the loan amount at the instance of the complainants, the prayer is in-genuine and no deficiency can be levelled against the OP on this account. The loan amount pending, if any, is payable as per rules of the bank/OP and the bank would release the property papers after recovering the loan amount.”

5.                In earlier complaint No.692 of 2016, the calculation and re-calculation of the outstanding loan amount was subject matter of the controversy which stands conclusively and finally adjudicated on merits by the Camp Court of Ludhiana and no deficiency in service was found on the part of the OP qua calculation and re-calculation of interest etc in the loan account. The said order of Camp Court of Ludhiana has attained finality as the complainants have not opted to file any appeal against the said order. Now the complainants are re-agitating the matter which was directly and substantially in issue in previous complaint. As present complaint being second complaint is not maintainable.

6.                As a sequel of the above discussion, we do not find any merit in the present complaint as there is no ground to proceed with the same and therefore, the same is hereby dismissed summarily at the admission stage itself. Copies of order be supplied to the complainant free of costs as per rules.       File be indexed and consigned to record room, but after registering the same.

 

 (Monika Bhagat)            (Jaswinder Singh)      (Sanjeev Batra)                        Member                     Member                      President      

Announced in Open Commission.

Dated:11.04.2023.

Gurpreet Sharma