K.SAMPATH, J. - (1.) The complainant in O.P.No.37/2005 on the file of the District Consumer Disputes Redressal Forum, Kanyakumari at Nagercoil.
(2.) The complainant a lawyer made an application for housing loan to the opposite party for Rs.4,00,000/-. He also executed the necessary mortgage deed in respect of his property. The opposite party paid Rs.2,80,000/- out of the sanctioned Rs.4,00,000/-. The opposite party also collected a sum of Rs.27,900/- as share capital on 26/03/2002 along with other charges. The opposite parties not having paid the balance of Rs.1,20,000/-, the complainant after sending a notice to the opposite parties filed the complaint alleging deficiency in service.
(3.) The opposite parties set out their defence as follows: - After executing the mortgage deed they released 40% of the loan in a sum of Rs.1,60,000/-, 30% representing the second instalment in a sum of Rs.1,20,000/- on routine inspection. The complainant had submitted detailed estimate and approved building plan in which he had proposed to construct a house with ground and first floor with 946 sq.ft., each. As per the circular, first instalment was released to build up to basement level, 2nd instalment upto lintel level and the 3rd instalment was to be released only on completion of the first floor roof level. The complainant had not intimated the stage of the building. The final instalment would be released when the complainant completed the first floor of the building. Since he had not complied with the circular in that connection, the final instalment had not been released. There was no deficiency in service.;