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Uttarakhand High Court · body

2015 DIGILAW 18 (UTT)

MANAGER, INDIABULLS HOUSING FINANCE LIMITED v. NITIN KASHYAP

2015-01-08

B.C.KANDPAL, D.K.TYAGI, VEENA SHARMA

body2015
ORDER (Per: Justice B.C. Kandpal, President): This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 06.09.2010 passed by the District Forum, Haridwar in consumer complaint No. 147 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants – opposite parties to supply the correct details of the loan to the respondent – complainant within a period of one month from the date of the order and the appellants were also directed to pay compensation of Rs. 10,000/- to the respondent. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that on 27.02.2008, the complainant had taken a housing loan of Rs. 6,76,202/- from the appellants. It was alleged that at the time of talk about taking the loan, the appellants had told the complainant that the loan would bear interest @14.50% p.a., but at the time of handing over the demand draft of the loan amount to the complainant, the appellants told the complainant that the company has enhanced the rate of interest from 14.50% p.a. to 17.25% p.a. The complainant lodged the complaint with the appellants. It was also alleged that the amount of monthly loan installment has been increased by the appellants from Rs. 11,278/- to Rs. 12,127/-. In the month of February, 2009, the complainant asked the appellants to provide him the statement of loan account, for which the appellants demanded sum of Rs. 500/- from the complainant. The complainant sent a legal notice to the appellants and thereafter alleging deficiency in service on the part of the appellants, the complainant filed a consumer complaint before the District Forum, Haridwar. 3. The appellants filed written statement before the District Forum and pleaded that they have not flouted any direction of the Reserve Bank of India; that no extra amount has been charged from the complainant and that there is no deficiency in service on their part. 4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 06.09.2010 in the above manner. Aggrieved by the said order, the appellants have filed the present appeal. 5. None appeared on behalf of respondent – complainant. We have heard the learned counsel for the appellants and have also perused the record. 6. Aggrieved by the said order, the appellants have filed the present appeal. 5. None appeared on behalf of respondent – complainant. We have heard the learned counsel for the appellants and have also perused the record. 6. The complainant has alleged that the rate of interest has been arbitrarily increased by the appellants and thereby the amount of monthly loan installment has been increased by the appellants from Rs. 11,278/- to Rs. 12,127/-. There is nothing on record to show that the monthly installment of Rs. 12,127/- has been charged from the complainant and the said fact is also evident from the impugned order passed by the District Forum. The appellants have pleaded that they have not flouted any direction of the Reserve Bank of India. The complainant has not filed any bank statement to show that any enhanced amount has been charged from him by the appellants or that the appellants have not adhered to the directions issued by the Reserve Bank of India. The appellants have also specifically pleaded that no extra amount has been charged by them from the complainant and there is nothing on record having been filed by the complainant to rebut this plea of the appellants. The District Forum has also observed this fact in the impugned order. 7. When the complainant has not filed any evidence to show that any enhanced amount has been charged from him by the appellants and the complainant has not filed any bank statement to show that any amount in excess of the agreed amount was charged from him by the appellants and when the District Forum has also observed the above facts in the impugned order, there was no justification on the part of the District Forum to allow the consumer complaint and direct the appellants to pay compensation of Rs. 10,000/- to the complainant. 8. The District Forum has not properly considered the facts and circumstances of the case and has erred in allowing the consumer complaint per impugned order, which can not legally be sustained and is liable to be set aside. As such, the appeal is fit to be allowed. 9. For the reasons aforesaid, appeal is allowed. Order impugned dated 06.09.2010 passed by the District Forum is set aside and consumer complaint No. 147 of 2009 is dismissed. No order as to costs.