This is a case under Section 12 of Consumer Protection Act, 1986 filed by the complainant   Sri Ronit Kr. Jha against the O.P. the Chairman Tata Housing Finance Limited and another for direction to provide document loan statement, interest certificate and letter of outstanding balance and other reliefs.          

The case of the complainant in brief interalia is that the complainant received house building loan of Rs.15,00,000/- with interest @ 9.2% per annum thereon payable in 200 equated monthly installment to the O.P. Tata Housing finance limited. An agreement has been executed by and between the parties on 28.02.2017.           

The complainant has sent email 13.05.2018 to the O.P. Branch Manager of Tata housing finance limited asking for copy of document in respect of loan statement, interest’s certificate and letter of outstanding balance for transferring his balance amount to another financial institution. Due to not getting response from said Branch Manager, the complainant has decided to meet in person after reaching said financial institution. Though tried to meet the Branch Manager, his office staff told him to wait as the Branch Manager was dealing with other customers. After waiting more than one and half hour, he could not meet with the Branch Manager Therefore he has sent message in his mobile no 9073911864 on 04/06/2018 complaining that the complainant waited for long time to redress his grievances Again on 04.06.2018 at 4.41 a.m. he sent another e-mail message to the Branch Manager for furnishing copy of the said document and said email message was acknowledged on 04.06.2018 at 5.11p.m. by the complainant whereby the Branch Manager replied that the O.P. customers service team shall respond to the complainant within one working day. But they fail to give reply on resolving the problem of the complainant. the O.P. failed to discharge the duties for the benefit of the customers and thereby the O.P,s committed deficiency of service within the meaning of section 2(1)(g) of the customers protection act.  It is also unfair Trade Practice for which the O.P.s are jointly and/ or severally liable. Therefore, cause of action arose on and from 04.06.2018. The complainant has prayed for direction upon the O.P.s to provide list of document loans statement interest certificate and letter of outstanding balance Also he has prayed for other reliefs as entitled to favour in facts and Law.           

Denying the material allegation made in the complaint the O.P. Tata Housing Finance Limited has stated interalia that the mobile number desired in the complaint is personal number of the Branch Manager. Thereby the Branch Manager is under no obligation to answer to the queries. It is emphatically denied that the complainant has never visited his office after availing loan amount Rather the O.P. has submitted that he responded to the queries of the complainant through email on 04.06.2018 Also he has been given toll free number to make contact from Monday to Saturday excluding holidays in between 9a.m. to 8 p.m. Also he was requested to come at the office of the Branch Manager for collection the documents needed but the complainant did not respond to the request. The O.P.s are willing to provide documents as asked by the complainant. Rather the complainant is reluctant to collect the same from the office of the Opposite Parties and thereby question of deficiency does not arise at all. The complainant has no substantial dispute against the O.P.  The instant case is liable to be dismissed.   

POINTS FOR CONSIDERATION :-

 1)  Where housing building loan of 15,00,000/- with interest @9.25% thereon was sanctioned by the O.P. in favour of the complainant on 28/02/2018 by the O.P. Tata Capital Housing Finance Limited in favour of the complainant Ronit Kumar Jha?

 2)  Did the complainant request to the Branch Manager of the Tata Housing Finance Limited for furnishing lists of document, loan statement interest certificate and outstanding balance due to the complainant?

 3) Whether the complainant has stated in writing about transfer of the loan account to any other bank from the O.P. Branch Manager of Tata Housing Finance Limited?

 4) Has the complainant resent email message from the Tata Housing Finance Finance Limited to sort out problem with the complainant?

5) To what other relief or reliefs the claimant is entitled to both in law and in equity?                                   

     Decisions with reasons :-

All the above points are taken up together for the sake convenience and brevity .          

It has been admitted by both the parties that sanctioned loan amount was at Rs. 15,00,000/- with interest @9.25% per annum payable in equated monthly installment by the complainant to the O.P. The statement of account shows that there is outstanding dues of Rs.14,55,532/- with interest payable by the complainant to the O.P. as on 14.12.2018. The claimant did not raise dispute about the outstanding dues payable to the O.P. Finance Company But the grievance centers round about list of document, loan statement, interest certificate and letter of outstanding balance due from the complainant periodical.           

The claim of the claimant is that after sending email message to the complainant, customers service team did not meet up the demand of the complainant as there is no written notice or email message to redress the grievance of the complainant. There is deficiency in service on the phase of the O.P. and as such the O.P’s are liable to pay a sum of Rs. 3400/- towards deficiency in service but the same would be deposited in the Legal Aid Account of District Consumer Disputes Redressal Forum, Jalpaiguri. Moreover, one set of all the documents have been furnished to the complainant as well submitted in connection with the case. This Forum is of view that deficiency of service as pointed out form the end of Tata Housing Limited should be meted out for upholding their reputation and future Financial Business Service Performance. They should have given document, loan statement adjusting E.M.I. periodically. So that the Borrower can understand payment of principal and interest amount adjusted.

All the points are answered in favour of the complainant.

    Accordingly it is,

O  R  D  E  R  E  D :-

                  That the Consumer Case be and the same is allowed on contest with litigation cost of Rs. 3400/- to be deposited in the Legal Aid Account maintained under District Consumer Disputes Redressal Forum by the O.P. the Branch Manager, Tata Capital Housing Finance Limited, within one month from date hereof for their failure to supply periodical statement to the complainant about payment of principal and interest after adjusting loan amount.

            Prayer for direction to make payment of Rs. 4,000,00/-(Four Lacs) in favourof Chief Minister relief found Government of Odisa is hereby rejected. Also prayer for direction to make payment Rs. 25,000/- towerds litigation cost in favour Chief Minister relief found Government of Odisa is rejected as the Consumer Protection Act does not have express Provision in this regard. Moreover, on such trifling ground, the O.P. has no serious lapses.