a) pay the debited amount of Rs.20483/- alongwith 24% interest P.A. till the disposal of this complaint .
b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment .
c) Any other relief which this Hon’ble Commission deem fit and proper may also be awarded to the complainant.
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos. 1 & 2 refuted claim of the complainant and submitted that to the extent that in pursuance of securing loan the complainant submitted all the necessary documents but due to any reasons best known to the opposite party kept the complainant on waiting for the approval of loan for couple of months. On 30.09.2021 the opposite party provided a sanctioned letter to the complainant for the loan facility and got the loan paper signed by the complainant. Even after completing on documentation the opposite party did not provide any accurate date to reimburse the funds to the complainant’s account. It was mot respectfully, submitted that the complainant was unable to fulfill the legal formalities in order to avail the loan on time. It was further submitted that the sanction letter was provided as the complainant fulfilled the formalities prima facie but providing sanction letter was no proof of completion of documentation. It was further submitted that securing loan includes a long legal procedure failing in fulfillment of which the answering opposite parties could not provide the loan amount to the complainant. 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–Vastu Housing Finance Corporation Ltd. with the prayer to: a) pay the debited amount of Rs.20483/- alongwith 24% interest P.A. till the disposal of this complaint . b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment . c) Any other relief which this Hon’ble Commission deem fit and proper may also be awarded to the complainant.
To establish his case the complainant has led in his evidence, Ex.C1/1 – affidvit of Jaspreet Singh, Ex.C-1 – Sanction letter, Ex.C-2 – Terms and conditions (MITC), Ex.C-3 - email dated 02.12.2021, Ex.C-4 – legal notice, Ex.C-5to C-8, Ex. C-9 – Account Staement for the period 01.11.2021 to 11.12.2021,, Ex.C-10 – reply to legal notice,
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.RW1/A – affidavit of Soumya Bhattacharya, Authorized Office of opposite parties Nos.1 & 2 Vatu Housing Finance Corp. Ltd. Having its head office at unit 203 & 204, 2nd floor , Navabharat Estate, Zakaria Bunder Road, Sewri (West), Mumbai, Maharashtra.
6. The complainant applied for a loan against property for Rs.15,00,000/- and as per the sanction letter dated 27.09.2021 vide Ex.C-1, opposite party sanction maximum amount of Rs.15,00,000/- against property and the opposite party provided a loan account No.LP0000000077 to the complainant. As per Most Important Terms and Conditions (MITC) vide Ex.C-2 in case the complainant does not take the loan amount then he would be required to pay 4% of principal outstanding as cancellation charges. As per Ex.C3 vide email dated 29.11.2021 in which it has been stated that “I m requesting you to stop mine loan process as I am getting EMI msg, and call from your side, I do not take any mine lone process long time back why these guys r not doing tat and forcing me to pay foreclose charges as I dnt get any loan from your bank. I have paid ur processing fees Wat as. I m requesting u to stop harassing me for this otherwise I have to talk to yr senior or to take a legal action against u guys.” As per statement of account vide Ex.C-9, on 05.12.2021 the opposite party debited Rs.20483/- from the account of the complainant through ECS system without any information or permission of the opposite party.
7. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party to pay 50% of the processing charges only to the complainant. There are no orders as to costs. 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: 21.08.2023 (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.
