Date of filing: 22.05.2014.
Date of disposal: 12.11.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Wednesday, the 12th day of November, 2014
C.C.No.119 of 2014
Between:
Aswani Kumar Vallabhaneni, S/o Appa Rao, Hindu, Aged about 61 years, Business, R/o.D.No.39-1-89, Temple Street, Labbipet, Vijayawada.
…..Complainant.
And
The Manager, Dewan Housing Finance Corporation Ltd., (DHFL), D.No.27-10-51, 1st Floor, Lakshmiram Plaza, Museum Road, Governorpeta, Vijayawada – 520 002.
.. … Opposite party.
This complaint coming on before the Forum for final hearing on 28.10.2014, in the presence of Sri S. Subhas Chandra Bose, advocate for complainant; Sri A. Bhaskara Rao, advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
This complaint is filed by complainant under Section 12 of Consumer Protection Act, 1986 directing the opposite party to furnish sanction letters of Loan A/c.No.1910 of himself and his wife vide A/c.No.1976 and loan agreements of both loan accounts, to pay Rs.5000/- towards mental agony and costs of Rs.2000/-.
1. The brief averments of the complaint are as follows:
The complainant submitted that he filed C.C.No.81/2013 on the file of this Forum against the opposite party for the deficiency in service with regard to providing of account copy and that the Hon'ble Forum directed the opposite party to furnish the account copy and accordingly the opposite party provided the account copy, but the account copy is not reflected clear picture and as per his knowledge and payment receipts, the complainant paid entire debt with regard to the loan account numbers of himself and his wife. It is further submitted that to ascertain all payments, claiming interest by the opposite party, the documents i.e. sanction letters and loan agreements are necessary, but the opposite party failed to furnish the same in spite of issuance of legal notice. . Hence the complainant is constrained to file the present complaint.
2. After registering the complaint, notices were sent to the opposite party. The opposite party filed its version denying the material allegations made in the complaint and submitted that to ascertain the payments made by complainant and claiming interest by opposite party, the sanction letter and loan agreements are not necessary and the said documents will not show any payments and the loan account copy will show the payments and it was already furnished to complainant. It is further contended that the complainant is very irregular in payment of loan installments and they are proceeding under SARFAESI Act, 2002 and further contended that there is no deficiency in service on the part of opposite party and finally prays to dismiss the complaint.
3. The complainant filed his affidavit and got marked Ex.A1 to A3. The Manager of opposite party filed affidavit and no documents were marked.
4. Heard both sides and perused the record.
5. Now the point that arises for consideration in this complaint are:
- Whether the complainant is entitled for the documents sought by him?
- Whether there is any deficiency in service on the part of opposite party in not furnishing the documents sought by complainant?
- If so is the complainant entitled for the reliefs as prayed for?
Point Nos.1 and 2:
6. On perusing the material on hand (complaint, affidavit and documents), there is no dispute with regard to availing of loan by complainant and his wife from the opposite party. Further the complainant earlier filed C.C.No.81/2013 on the file of this Forum seeking account copies pertaining to the loan of himself and his wife and after enquuiry, this Forum allowed the same and the complainant received the account copies. Now the complainant again knocked the doors of this Forum stating that he has paid the installments and the account copies are not reflecting the same and as such they required the sanction letters and loan agreements. In this regard, the contention of opposite party is that the documents which sought by the complainant do not reflect the payments etc., Both parties not filed any documentary evidence with regard to their respective contentions. The complainant has not filed copies of payment receipts etc., and the opposite party also not filed any documentary proof to show that the complainant committed default and they proceed with the SARFASI Act. The complainant filed Ex.A1 to A3 which are compliance report in C.C.No.81/2013, legal notice and acknowledgment.
7. Admittedly the loan agreements sought by complainant do not reflect the payment of installments made by complainant and his wife. Those documents were executed at the time of sanctioning of loan to complainant and his wife. But the sanction letters which sought by the complainant may reflect the sanction of loan amount and rate of interest etc. The opposite party is bound to furnish the sanction letters to complainant. It is not the case of opposite party is that they furnished sanction letters at the time of granting loan. Further the loan agreements are crucial and material documents and they cannot be provided to the complainant.
Point No.3:
8. In the result, the complaint is allowed in part directing the opposite party to provide the sanction letters pertaining to the loan account of complainant and his wife. Time for compliance is one month from the date of receipt of this order. The other claims of complainant shall stands dismissed. In the circumstances of the case, there is no order as to costs and compensation.
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 12th day of November, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite party: -None-
Documents marked
On behalf of the complainant:
Ex.A1 19.12.2013 Photocopy of letter issued by OP to complainant.
Ex.A2 10.03.2014 Photocopy of legal notice got issued by complainant to OP.
Ex.A3 Postal acknowledgement.
On behalf of the opposite party: - Nil-
PRESIDENT (FAC)
