P.SIVASUBRAMONIA PRASAD Vs. SECRETARY NAGERCOIL CO-OPERATIVE HOUSING
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
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.;
Copyright © Regent Computronics Pvt.Ltd.