Bank to pay compensation for not informing about Rejection of loan to applicant

Bank of Baroda Vs Mr. Jayprakash R. Kushwaha (State Consumer Disputes Redressal Commission, Mumbai)

[1] Being aggrieved by the Order passed by the Thane District Consumer Disputes Redressal Forum in consumer complaint No.331 of 2008 on 22/8/2014 directing the Opposite Party Nos. 1 and 2 to inform complainant in respect of his loan for purchase of house and to pay compensation of Rs.1,00,000/- to him and costs of litigation, Opposite Party Nos.1 and 2have preferred this Appeal. Brief facts of the case are as under-

[2] Respondent No.1 Mr.Jayprakash R.Kushwaha filed complaint against Appellants and other Respondents for giving deficiency of service by them. He submitted that as he was in need of house he contacted Opposite Party No.3 Mr. Rahul Lokhande in respect of purchase of house. Opposite Party No.3 agreed to sell flat bearing No.202 of New Neil Aangan Co.Op.Hsg.Society Ltd. , Nalasopara admeasuring 414 sq.ft. to complainant for total consideration of Rs.4 lakh. Complainant submitted that in that respect Opposite Party No.3 had executed registered agreement in his facvour on 12/3/2007. He submitted that on the date of agreement he had given amount of Rs.87,000/- to the Opposite Party No.3 and rest of amount of Rs.3,13,000/- was to be given to the Opposite Party No.3 by obtaining loan from the bank. Complainant submitted that before execution of agreement he had approached to the Opposite Party No.1 for getting loan for purchase of flat. He had shown document of flat to the Opposite Party No.1 and they agreed to give house loan of Rs.3,13,000/- to the complainant. Complainant submitted that hence he executed agreement in respect of that flat with Opposite Party No.3 on 12/03/2007. He submitted that after execution of that agreement he had approached to the Opposite Party No.1 and had given application for giving house loan to him. He had filed necessary documents for that purpose along with application. He submitted that the Opposite Party No.1 had verified those documents and agreed to give loan of Rs.3,13,000/- to him. In that respect Opposite Party No.2 had given letter to the complainant on 12/4/2007. By that letter he had informed that cheque of amount of loan will be given to the complainant in the name of Opposite Party No.3. Complainant submitted that he had deposited process fees and amount required for mortgage of flat with bank to the Opposite Party No.1. Complainant submitted that after the process was completed he had given application to the Opposite Party No.4 for giving no objection. Accordingly, Opposite Party No.2 had given no objection and had also transferred share certificate of Opposite Party No.3 in favour of complainant. Complainant submitted that he had deposited all those documents with the Opposite Party No.2. Comlainant submitted that thereafter it was incumbent on Opposite Party Nos. 1 and 2 to give the cheque of house loan of Rs.3,13,000/- to the complainant in the name of Opposite Party No.3. Complainant submitted that however Opposite Party Nos. 1 and 2 failed to give the cheque of house loan to him on the pretext that his file of house loan is missing. Complainant submitted that hence he required to file complaint against Opposite Parties. Hence, he had prayed that Opposite Party Nos. 1 and 2 be directed to give the cheque of house loan to the complainant along with compensation and costs of litigation.