First Appeal No. 306/2010. Case: Manager, Indiabulls Housing Finance Limited and Ors. Vs Nitin Kashyap. Uttaranchal State Consumer Disputes Redressal Commission

Court:Uttaranchal State Consumer Disputes Redressal Commission
Issue:Consumer Law
Counsel:For Appellant: Pradeep Bartwal, Learned Counsel
Judgement Date:January 08, 2015
Party Name:Manager, Indiabulls Housing Finance Limited and Ors. Vs Nitin Kashyap
Case Number:First Appeal No. 306/2010
Judges:B.C. Kandpal, J. (President), D.K. Tyagi, H.J.S. and Veena Sharma, Members


B.C. Kandpal, J. (President)

  1. This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 06.09.2010 passed by the District Forum, Haridwar in consumer complaint No. 147 of 2009. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants - opposite parties to supply the correct details of the loan to the respondent - complainant within a period of one month from the date of the order and the appellants were also directed to pay compensation of Rs. 10,000/- to the respondent. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that on 27.02.2008, the complainant had taken a housing loan of Rs. 6,76,202/- from the appellants. It was alleged that at the time of talk about taking the loan, the appellants had told the complainant that the loan would bear interest @ 14.50% p.a., but at the time of handing over the demand draft of the loan amount to the complainant, the appellants told the complainant that the company has enhanced the rate of interest from 14.50% p.a. to 17.25% p.a. The complainant lodged the complaint with the appellants. It was also alleged that the amount of monthly loan installment has been increased by the appellants from Rs. 11,278/- to Rs. 12,127/-. In the month of February, 2009, the complainant asked the appellants to provide him the statement of loan account, for which the appellants demanded sum of Rs. 500/- from the complainant. The complainant sent a legal notice to the appellants and thereafter alleging deficiency in service on the part of the appellants, the complainant filed a consumer complaint before the District Forum, Haridwar.

  2. The appellants filed written statement before the District Forum and pleaded that they have not flouted any direction of the Reserve Bank of India; that no extra amount has been charged from the complainant and that there is no deficiency in service on their part.

  3. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 06.09.2010 in the above manner. Aggrieved by the said order, the appellants have filed the present appeal.

  4. None appeared on behalf of respondent - complainant. We have heard the learned counsel for the appellants and have also perused the record.

  5. The complainant has alleged that the rate of interest has been arbitrarily increased by the appellants and thereby the amount of...

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