PRADEEP KUMAR AGARWAL Vs. SANJAY AGARWAL

JUDGEMENT

(1.) SHRI Pradeep Kumar Agarwal, petitioner/OP1, Builder of M/s.Shanti Construction, entered into an agreement with the Complainant, Sh.Sanjay Aggarwal, for sale of flat No. B8, 3rd Floor, Biru Complex, Simdega. It was agreed that it will have built -up area of about 1,500 sq.ft. @ Rs.750/ - per sq.ft, along with parking space. At the time of agreement, Pradeep Kumar Agarwal, OP1, took a sum of Rs.3,00,000/ - from the complainant. OP1, of his own accord and after consultation/negotiations with State Bank of India, OP2, got a Home Loan for an amount of Rs.10,00,000/ - sanctioned in the name of the complainant. It is alleged that OP2, while working in cahoots with OP1 issued two cheques in the name of M/s. Shanti Construction for an amount of Rs.9,10,000/ - on 25.04.2008 and Rs.90,000/ - on 14.07.2008. OP1 did not execute any Sale Deed in favour of the complainant. It is averred that OP1, in connivance with the Bank, deposited a copy of agreement of sale, signed only by him and got disbursed a sum of Rs.10,00,000/ - from the Bank, without the knowledge of the complainant. Again, the Bank, without disclosing these facts to the complainant, got his signatures, on the disbursement form and also got signatures of complainant and his wife on two blank papers.

(2.) THE complainant came to know regarding the loan transaction when the Bank, without any notice or information, deducted an amount of Rs.11,800/ - on 02.07.2009 from the account of Rourkela Branch and an amount of Rs.95,000/ - from the account of State Bank of India, situated at Simdega, on 21.08.2009, the total being, Rs.1,06,800/ - as 'interest ', of the above said loan.

(3.) BOTH the OPs contested this case. The District Forum allowed the complaint and directed the OP1, Pradeep Kumar Agarwal, to handover possession of completed Flat NO.B -8, as per the Agreement for Sale in the Biru Complex, Simdega, as booked by him, within a period of two months from the date of the order, failing which, OP1, Builder, was directed to refund the housing loan amount of Rs.10,00,000/ - either to the complainant or directly to the SBI, Simdega Branch, which amount is outstanding in the name of the complainant in the SBI, Simdega Branch,OP2, along with admissible interest on the said amount from the date of filing of this complaint, i.e., 31.10.2009, till its final payment. Secondly, Pradeep Kumar Agarwal was further directed to pay Rs.3,00,000/ - to the complainant, as paid by him at the time of booking of the said flat to OP1, as admitted by OP1, in the agreement for Sale (Exb.1), along with interest @ 10% p.a. from March, 2008, till its final payment. Thirdly, OP1 was further directed to pay Rs.1,75,000/ - to the complainant on account of interest realized or realizable by the OP Bank from the complainant, from the date of grant of housing loan to the complainant till the filing of this case, which the complainant was forced to bear due to non -delivery of flat by the OP1 -Builder, to him. Fourthly, Pradeep Kumar Agarwal, OP1, was further directed to pay compensation in the sum of Rs.17,000/ - and cost of litigation in the sum of Rs.4,000/ - to the complainant, and OP2 -SBI was directed to pay compensation amount of Rs.3,000/ - and cost of litigation in the sum of Rs.1,000/ - to the complainant, within a period of two months, from the date of this order, on account of deficiency in service and adopting unfair trade practice on their part, in the present case causing mental and physical harassment and agony to him. Lastly, it was ordered that OP2, SBI, will not be entitled to realize any interest from the complainant on the aforesaid housing loan amount from November, 2009, i.e., after filing of this case, till the possession of the Flat in question is handed over by OP1, to the complainant or the amount of housing loan disbursed to the OP1/Builder is not refunded by him, either to the complainant or to the OP2 Bank, as the liability to pay the present and future interest on the housing loan was fixed upon Pradeep Kumar Agarwal, OP1.