N.KANNADASAN, J. - (1.) The appellant is the opposite party and the respondent is the complainant before the District Forum.
(2.) The complaint is filed before the District Forum under the following circumstances: The complainant has applied housing loan for a sum of Rs.2 lakhs before the opposite party and the same was sanctioned. The first instalment of Rs.80000/- was disbursed on 30.4.2001. Subsequently when the complainant has approached for the disbursement of the further instalments, the opposite party has refused to disburse the same. In the result, the complainant was constrained to complete the construction by raising loan from 3rd parties, by paying exorbitant interest, accordingly there is deficiency on the part of the opposite parties and hence the complaint seeking relief as stated therein.
(3.) The opposite party resisted the complaint by contending that there is a violation in the construction of the house at the initial stage and the time schedule is not adhered and even though the opposite party has specifically directed the complainant to complete the construction, the same was not done and hence the opposite party expressed their inability to recommend to the Apex body for the disbursement of further loan. According to the opposite party, there was a default in the payment of the amount due and only when the amount was demanded, the present complaint is filed for oblique motive.;