District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.59/2024.
Date of Institution:29.01.2024.
Date of Order:27.09.2024.
Rajan Kulshreshtha s/o Shri Mukul Krishan Kulshreshtha, House No. 5254, Near Haritima School, Sector-3, Faridabad, Haryana.
…….Complainant……..
Versus
Regional Manager/Branch Manager, LIC Housing Finance Limited, 708, Sevength Floor, Eros Apartment, 56, Nehru Place, New Delhi – 110 019.
Regional Manager/Branch Manager, LIC Housing Finance Limited, Laxmi Insurance building, Near Humdard Building, Asaf Ali road, Delhi – 110 002.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma………..Member
Indira Bhadana………….Member.
PRESENT: Sh. Yogender Nath, counsel for the Complainant.
Sh. Ravi Prakash and Sh. Mani Kaul, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the opposite party had sanctioned loan to the complainant vide loan No. 310700002147 on dated 25.09.2017 which was completely disbursed by 20.1.2018. On 20.01.2018 the complainant handed over the entire set of desired documents/credentials to him. The original reallotment letter was submitted to LICHFL at the time of loan disbursement “document ref No. 5254” as per “list of documents” (LOD) received during loan disbursement on 20.01.2018, On 05th Feb. 2021 complete outstanding amount with including all foreclosure charges was fully paid followed by foreclosure letter and payment receipt. On 29.03.2021 all the documents were released except original re-allotment letter which was missing as per “list of documents” (LOD) received dated 19.03.2021. When the complainant raised objection about the original re allotment letter, complainant was misbehaved in front of public in a very rude manner by his concern staff and refused to deliver his original reallotment letter, It was to bring under his kind attention that when documents were released on 19.03.2021, original reallotment letter was missing as explained above. On 19.03.2021 evening, the complainant raised concern by sending an email to the LICHFL officials about the unfavourable instance happened with him in morning on the same day during document release, but no response received by LICHFL. On 20.03.2021 the complainant lodged FIR bearing No. 251095/2021. On 9th April 2021, even after not getting any response on the earlier multiple follow-ups than complainant lodged grievance in National Housing Bank (NHB). On 29.05.2021, response received from LICHFL base don complainant (case No. # COMP/1951/2021), Due to Corona Pandemic lockdown, documents identification and tracking could not be done and assured petition to get back at the earliest once lockdown gets over but unfortunately no further response received by LICHFL. On 2010.2023 even after not getting any response on the earlier multiple follow=ups than again lodged grievance in National Housing Bank. Case No. # COMP/4245/2024. Response received from NHB that LICHFL had asked complainant to collect original reallotment letter after 2.7 years i.e. on 08.11.2023 from Delhi back office. On 20.10.2023, complainant lodged grievance at DPG (Directorate of Public Grievances) office. Case No# DPG/B/2024/82825 Response received form DPG that LICHFL had asked complainant to collect original reallotment letter after 2.7 years i.e. on 8th Nov. 2023 from Delhi back office. On 31.10.2023, got response from LICHFL based on GRID and DPG complaints made, that LICHFL was looking into the matter and called his client’s file form warehouse for tracking his original reallotment letter. On 2.11.2023, based on complaint made inDPG and NHB, LICHFL confirmed about the availability of original reallotment letter after2.7 years form documents release date as per para 5 with them and asked complainant to visit LICHFL Asaf Ali Delhi branch to collect original re-allotment on 8.11.2023. On 03.11.2023 the complainant responded back to LICHFL email to dispatch original re-allotment letter at his home address via seed post/registered post alongwith apology letter and compensation demand due to multiple damages, mental agony, mental emotional and financial harassment being given to complainant where no positive and supporting response received from LICHFL.The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) pay damages of Rs.48,00,000/- for fraudulent illegal and unfair act committed by the opposite party and for financial losses, humiliation, stress, strain caused to the complainatt. This was all because opposite party had deliberately not to release the original re-allotment letter for almost 2.7 years. Because of this unfortunate instance, petitioner was not able to sell his house costing 65 laksh rupess which forced complainant to borrow a total loan amount of 48 lakh rupees to fulfill his basic livelihoods, financials and survival needs.
b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 50,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the authenticity of the complaint was doubtful as the complainant fails to establish the calculation based on which they were seeking Rs.49.05 lakhs form the opposite party. The property was standing and all the original documents were in his possession and, the rate of property had only been growing and there had been no logic and explanation for seeking such a huge amount in damages. The present complainant was hopelessly an action arising out of greed to extort money by seeking inexplicable sum in compensation and damages. It was further submitted that no document was lost at best if the frivolous allegations were presumed to be true, document could not be traced for 2.7 years. This clearly shows that such averments were just rigged to extort money from the opposite party.Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties–with the prayer to: a) pay damages of Rs.48,00,000/- for fraudulent illegal and unfair act committed by the opposite party and for financial losses, humiliation, stress, strain caused to the complainatt. This was all because opposite party had deliberately not to release the original re-allotment letter for almost 2.7 years. Because of this unfortunate instance, petitioner was not able to sell his house costing 65 laksh rupess which forced complainant to borrow a total loan amount of 48 lakh rupees to fulfill his basic livelihoods, financials and survival needs. b) pay Rs.1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 50,000 /-as litigation expenses.
To establish his case, the complainant has led in his evidence Ex.P1/A- affidavit of Rajan Kulshreshtha Ex.P1/A - sanction letter, Ex.P1/A – statement of loan account Ex.P1/2 – letter dated 05.02.2021,, Ex.P1/2 – receipts, Ex.P1/3 – letter dated 19.03.2021 regarding repayment of housing loan,, Ex.P1/3 – letter dated 19.03.2021,,ex.P1/3 – email, Ex.P1/4 – email dated 19.03.2021 Ex.P1/5 - FIR dated 20.03.2021, Ex.P1/6 - Grievance registration & information database system, Ex.P1/7 – email, Ex.P1/8 – Grievance registration & information database system Ex.P1/9 – Action status details,, Ex.P1/9A - letter dated 25.10.2023,, Ex.P1/10 – email, Ex.P1/11 - letter dated 03.11.2023, Ex.P1/12 – letter dated 09.10.2023, Ex.P1/13 – Closure letter dated 29.10.2023, Ex.P1/14 – No Dues Certificate, Ex.P1/15 - letter offer dated 21.12.2020, Ex.P1/16 – letter offer dated 04.02.2021, Ex.P1/17 – certificate,Ex.P1/18 – No Dues Certificate,, Ex.P1/19 – letter dated 22.11.2021 regarding prepayment of his personal loan account No. 124446982, Ex.P1/20 – Loan closure letter,, Ex.P1/21 – legal notice,, Ex.P1/22 – Expenses Micro – breakup chart.
On the other hand counsel for the opposite partiesNos.1 & 2 strongly agitated and opposed. As per the evidence of the opposite parties OPE/A – affidavit of Sanjeev Gupta C/o LIC Housing Finance Ltd., Office at Nehru Place, Delhi.
6. In this case, the complaint was filed by the complainant with the prayer to pay the damages of Rs.48,00,000/- as well as release the original re-allotment letter for almost 2.7 years.
7. During the course of arguments, Shri Mani Kaul, counsel for the opposite party stated at Bar and argued that opposite party is ready to deliver the re-allotment letter of the complainant due to which the complainant has filed this complaint for damages beard by the complainant The counsel for complainant
also stated at Bar that deficiency in service on the part of opposite party is proved that this document is not delivered by the opposite party after giving several opportunities, legal notice and reminders. Opposite party has harassed the complainant like anything and the complainant needs compensation of Rs.48,00,000/- in this regard. Shri Rajan Kulshreshtha complainant in person alongwth counsel Shri Yogendra Nath Shrivastava has suffered a statement that “I only press for the harassment and litigation charges.”
8. After going through the evidence led by the parties as well as the conduct of the opposite party, the Commission is of the opinion that deficiency in service on the part of the opposite party is proved. In real, the complainant was harassed and also spent litigation charges as well as harassment metal disturbances and also got the damages due to non delivery of re-allotment letter to the complainant. Hence, the complaint is allowed. The complainant is awarded a sum of Rs.2,00,000/- as a compensation for causing mental agony and harassment . alongwith Rs.11,000/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on:27.09.2024 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
