M.THANIKACHALAM, J. - (1.) The complainant, in CC.No.41/2007, on the file of District Forum, Trichy, aggrieved by the order of the District Forum, since his complaint was dismissed, filed this appeal, alongwith consumer protection council.
(2.) The complainant had approached the opposite party bank, for a housing loan of Rs.14 lakhs. The bank, after receiving he documents, relating to the plot, obtaining legal opinion from its bank lawyer, sanctioned a sum of Rs.7,89,000/-, part of the total loan of Rs.14 lakhs, and by utilizing the same, the plot was purchased under a registered sale deed dt.17.11.2005. Based upon the sale deed, the complainant applied for permission to built a house, to Trichy City Corporation, who have refused to give permission, informing that the plot purchased by the complainant, was intended for park, public utility. Thereafter, the complainant returned the plot to the vendor, and got back Rs.8,52,000/-, then paid the loan payable, to the bank also with interest Rs.7,99,400/-.
(3.) The opposite party had collected legal fee of Rs.5000/-, and based upon that also, legal opinion was obtained, and on that opinion alone, the complainant had purchased the property. But the purpose of purchase was frustrated, due to the opposite party?s deficiency in service, since the approval was not given, and the further fact being, he had executed a resale deed on 3.10.2006 in favour of the vendor, thereby incurring registration fees, interest, penal interest etc., causing mental agony, for which the complainant is entitled to a sum of Rs.9,94,000/-, in addition to pre-closure charge of Rs.15000/-, with cost. Hence the complaint.;