PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 69/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Pramod Chandra Rath,
R/O- Deheripali, PO-Budharaja, Ps-Ainthapali,
Dist-Sambalpur-768004.
MOB-9938853583 ...………..Complainant
Versus
The Branch Manager, HDFC Ltd.,
Laxmi Narayan Complex, Near Suruchi Bazar,
Rourkela-769004, Odisha …………...Opp.Party
Counsels:-
- For the Complainant :- Self
- For the O.P.s :- Sri. A.K. Sahoo, Advocate & Associates
Date of Filing:20.09.2022,Date of Hearing :03.07.2023,Date of Judgement : 25.07.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant requested one Md. Sultan, representative of the O.P. to take-over an existing home loan of Rs. 10.00 lakhs with Indian Bank(Formerly Allahabad Bank). The Complainant submitted required documents and processing fees of RS. 7080/- vide online transaction ID WSM 20416884367 dated 17.11.2021. After one month representative of O.P. informed that CIBIL issue is there and three was a loan of Rs. 1.00 crore from S.B.I., Bargarh Branch since 2004 and at present Rs. 7,89,580/- is showing in CIBIL. Complainant explained that there is no such loan and home loan was taken since 2016 from Indian Bank. Complainant requested for refund of processing fees on 20.01.2022 and other letters. The O.P. replied to the mail dated 20.06.2022 and informed that they will check and confirm. No any reply was given. Being aggrieved this Complaint was filed.
- The O.P. in reply denied the allegation and challenged the territorial jurisdiction. The customer applied the loan through web application, uploaded all the documents and processing fees for loan application. The Complainant not disclosed the live running loan nor the CIBIL issue and signed false declaration. The customer was called upon to give clarification and justification regarding the loan and submit the loan closure letter. Complainant failed to provide and accordingly loan application was closed. Due intimation has been given to the Complainant. The O.P. has no cause of action for the present complaint.
- Perused the documents filed by the Complainant. The O.P. has not filed any documents. This complaint is relating to refund of processing fees of Rs. 7080/-
- After perusal of the documents it reveals that the O.P. failed to file any CIBIL report, information letter relating to clarification and justification letter to show and closure of loan application of the Complainant.
No doubt granting of loan is the discretion of the financing bank and also examination of income of borrower and his repaying capacity before disbursement. The O.P. failed to provide any document that the Complainant was requested to clarify the matter on CIBIL. Further the O.P. failed to provide any document showing loan application was closed. It amounts to deficiency in service. Once a customer paid any processing fees means it is the duty if O.P. to disclose all the facts and process undertaken in writing to the customer.
The Complainant is a resident of Budharaja, Sambalpur whereas the O.P. has no any Branch at Sambalpur. Through online mode from Sambalpur all the transactions are mode. Further the O.P. admitted the receipt of Rs. 7080/- and its area operation extent to Sambalpur also. As per Sec. 34(b), 34(c) and 34(d) this Commission has jurisdiction to entertain the complaint.
Accordingly, it is ordered;
ORDER
The complaint is allowed on contest against the O.P. The O.P. is directed to refund Rs. 7080/- with 12% interest P.A. w.e.f. 17.11.2021 to the Complainant. The O.P. is to pay compensation of Rs. 10,000/- and litigation expenses of Rs. 5000/- within one month of this order. In case of non payment the entire amount will carry 18% interest P.A. from 17.11.2021 till realisation.
Order pronounced in the open Court today on 25th day of July, 2023.
Free copies of this order to the parties are supplied.
