INDUSTRIAL DEVELOPMENT BANK OF INDIA LTD Vs. T. N. SUDHAKAR

JUDGEMENT

(1.) The appellant is the unsuccessful opposite party in CC 643/2007 before the District Forum III, Hyderabad, where under, an exparte order was passd directing payment of compensation of Rs. One lakh and also processing charges of Rs.4,490/- collected from the respondent/complainant. The impugned order is assailed as erroneous on the ground that there was no opportunity to the appellant/complainant to put forth his case, so, sought to set aside the same by remanding the matter to the District forum for giving an opportunity.

(2.) The facts of the case disclose that the complainant had approached the respondent bank for availing Home loan and he submitted an application through an agent along with all relevant documents for sanction of loan. Sanctioned letter was issued on 11.10.2006 for Rs. 4 lakhs which is repayable with interest at 10.25% pa in 120 equated monthly instalments @ Rs.5,342/-. The complainant paid Rs.1000/- for service charges. Apart from it, the opposite party collected 20 ICICI Bank posted dated cheques. The complainant also submitted NOC given by the builder, advance payment receipts. Original agreement of sale, original work order, 3 years income tax assessment order, original papers of guarantors, encumbrance certificate etc. Though the loan was released one month after, the opposite party informed that due to delayed submission of application, his application was rejected and requested the complainant to pay Rs.300/- towards new application form and cheque for Rs.1000/- which was paid on 17.01.2007. Though he paid afresh service charges to the opposite party for issue of a revised sanctioned letter, in spite of which, the loan was not released. A registered letter was sent to the opposite party requesting to return all the original documents along with service charges paid by him, followed by it, a legal notice dated 24.05.2007. Failure on the part of the opposite party amounts to deficiency in service. Hence claimed compensation of Rs.one lakh with costs.

(3.) Though the appellant/opposite party appeared through its advocate on 27.08.2007 and subsequently since had not filed any counter, so OP was set exparte on 01.11.2007. pursuant there to, considering the evidence affidavit along with Ex. A-1 to A-4, an order was passed holding that the opposite party had committed deficiency in service. Also held that the opposite party had deprived the complainant of an opportunity to avail loan else where by withholding the required documents and not releasing the sanctioned loan.