Date of filing:- 25/05/2022.
Date of Order:-29/01/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 10 of 2022.
Smt. Ahalya Sahu, W/o. Hardaba Sahu, Village- Bisi Colony, Bargarh Ward No.2(two), Ps/Tahasil/Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
The Branch Manager, Bargarh Sub-Divisional Housing Board, Co-op. Society Ltd., Bargarh, Po/Ps/Tahasil/Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri Bhairabi Sahu, Advocate.
For the Opposite Party :- In person.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.29/01/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant has availed house loan in the year 2002-2003 from the Opposite Party. The loan has financed for Rs.2,00,000/-(Rupees two lakh)only but the Complainant has availed a loan of Rs.1,80,000/-(Rupees one lakh eighty thousand)only. The Complainant had paid nearly Rs. 4,74,906/-(Rupees four lakh seventy four thousand nine hundred six)only but on dt. 29-10-2021 the Opposite Party has sent notice regarding due of payment Rs. 2,58,310/-(Rupees two lakh fifty eight thousand three hundred ten)only. The Complainant after receipt of notice on dt. 12-01-2022 communicated via phone regarding loan account statement but the Opposite Party did not provide the loan account. As the Complainant has paid mere than the loan and the Opposite Party is threatening to auction the house in case of nonpayment of dues, being aggrieved by the act of the Opposite Party the Complaint is filed by the Complainant before this Commission praying that the Opposite Party be directed to refund the excess amount which was received from Complainant by the Opposite Party and Rs.2,00,000/-(Rupees two lakh)only towards compensation for medical expenses.
2) The case of the Opposite Party is that the Opposite Party has filed its version and submitted that the Complainant is not a consumer of the Opposite Party. The Complainant has availed a loan from the Opposite Party which is repayable with interest under certain terms and conditions, the Complainant defaulted in repayment of loan as per agreement and the Opposite Party has requested the Complainant to clear the outstanding dues on dt.31-12-2022 a sum of Rs.1,92,166/-(Rupees one lakh ninety two thousand one hundred sixty six)only is due on the Complainant as such the Complainant is liable to pay the same. The Complainant has availed the loan of Rs. 2,00,000/-(Rupees two lakh)only since 2002-2003 vide loan account No.2471 and the Complainant is liable to pay the due amount. The Opposite Party never denied to provide loan account and the Complainant has already repaid of loan of five lakhs is false. The Opposite Party is ready for settlement. The complaint to be dismissed against the Opposite Party.
3) Perused the documents filed by the Parties and following issues are framed:-
Issues
- Whether the Opposite Party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) It is an admitted fact that the Complainant had availed a housing loan from the Opposite Party via Bond No. 2113 dt.11-08-2005 of Rs.2,00,000/-(Rupees two lakhs)only. The Complainant had submitted receipt of payment from 23-06-2008 to 31-12-2021 and accordingly had paid a total sum of Rs.4,31,906/-(Rupees four lakh thirty one thousand nine hundred six)only which includes principal, interest and compound interest which is twice the loan amount taken. The Opposite Party has not written a single word regarding tenure of loan, installment price and repayment schedule which clearly indicates that the Complainant is not aware of the payment schedule of the aforesaid loan.
It is the duty of the Opposite Party to provide information regarding loan tenure, installment fixed and repayment schedule but the Opposite Party inspite of providing it demanded Rs. 2,58,310/-(Rupees two lakh fifty eight thousand three hundred ten)only from the Complainant, although the Complainant had paid Rs. 4,31,906/-(Rupees four lakh thirty one thousand nine hundred six)only which is more than the amount of loan taken amounts to deficiency in service as well as unfair trade practice on the part of the Opposite Party.
The issue is answered in favour of the Complainant.
6) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to waive out the loan amount vide Bond No. 2113 and to provide NOC within forty five days of this order failing which the Opposite Party has to pay Rs. 50,000/-(Rupees fifty thousand)only towards mental harassment and Rs.10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant @7%(seven percent) interest from the date of the order till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.29/01/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
