Panchkula:
The District Consumer Disputes Redressal Forum, Panchkula has penalised Haryana
State Cooperative Housing Federation Limited (HSCHFL) for causing mental agony
to an Ambala resident who had availed loan from a cooperative housing society.
The
court has also directed the Managing Director of HSCHFL; the Assistant
Registrar, Cooperative Society Limited Naraingarh, Ambala and Shiv Cooperative
House Building Society Limited (SCHBSL) Raipur Viran, Naraingarh, to withdraw
all demand notices issued against the complainant, Gurbax Singh.
In
his complaint to the Forum, Singh said that he had applied for a loan of Rs
85,000 from the Society in 1991 and they were charging excess rate of interest.
According
to the complainant at the time of advancement of loan , they had agreed to
charge 14.60 per cent simple rate of interest from him whereas now they were
charging compound interest at an exorbitant rate.
Singh
alleged that he executed the agreement for loan sanctioned to him, but a blank
performa was filled by the Assistant Registrar, Cooperative Society Limited
Naraingarh for Rs 1,00,000 whereas the mortgage deed in respect of the loan
amount of Rs 85,000 was executed with the society.
Singh
had deposited Rs 1,06,600 with the society against the loan amount till
December 18, 2010. “However, HSCHFL issued several notices to me for depositing
money. In one notice, they arbitrarily demanded Rs 5,63,454 from me as due up
to June 30, 2010,” he said.
The
society also threatened to attach the property mortgaged by the complainant
with them.
After
the notice was issued the three opposite parties explained before the forum
that the complainant was a defaulter in the repayment of the instalments.
“Thus,
interest has been charged as per the terms of the loan agreement. After
adjusting the amount paid by the complainant, the total amount due till
November 30, 2011 including principal, interest, penal interest, interest after
loan period comes to Rs 6,28,375,” they said.
After
hearing the two sides the forum was of the view that there was a gross
deficiency in service of three opposite parties as they had indulged into
unfair trade practices for harassing the complainant unnecessarily by charging
excess rate of interest and issuing him false notices of recovery and preparing
a case against him on frivolous grounds.
The
forum ordered that the amount of loan advanced by the society to the
complainant be recalculated with simple interest.
“While
recalculating, the amount already recovered from the complainant be also taken
into consideration. In case it is found that the complainant has repaid less
amount, then they are at liberty to recover the same from him,” the order said.
The
opposite parties have been asked to pay Rs 10,000 as compensation to the
complainant for mental agony and harassment. Source: Indian Express
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