ASSISTANT HOUSING COMMISSIONER Vs. DHARAM PAL

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 25.10.2007 passed by the Delhi State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 07/553, "Assistant Housing Commissioner (Loans) versus Dharam Pal", vide which while dismissing the appeal, the order dated 13.04.2007 passed by District Consumer Disputes Redressal Forum, Kashmere Gate, Delhi in complaint case No. 312/2005, allowing the said complaint, was upheld.

(2.) Brief facts of the case are that the complainant Dharam Pal raised a loan of Rs.5,000/- from the petitioner on 27.06.1978, payable in 20 equal instalments of Rs.250/- per month. The repayment was to commence after 18 months from the date of receipt of first instalment of Rs.1500/- which included principal amount of Rs.250/-. The complainant made payment of 3 instalments together and deposited a sum of Rs.750/- on 26.03.1983. However, the OP referred the case for recovery of dues as arrears of land revenue to the collector to recover a sum of Rs.5,000/- as principal amount and Rs.4,245.87ps. as interest although a sum of Rs.750/- had already been paid by the complainant. According to the complainant, a total sum of Rs.9,224/- was paid by him as full and final payment to the Collector. However, the OP did not return the original documents to him, although several requests were made to this effect. The complainant claimed a compensation of Rs.50,000/- along with interest @12% p.a. and the return of the original documents and cost of litigation. The District Forum came to the conclusion that the OP had committed deficiency in service by not accounting for a sum of Rs.750/- as already paid by the complainant. The District Forum directed the OP to pay a sum of Rs.2,000/- as compensation for mental harassment suffered by the complainant and also directed to pay Rs.500/- as cost of litigation. An appeal against this order was made before the State Commission which was dismissed vide impugned order dated 25.10.2007. It is against this order that the present petition has been made.

(3.) It has been stated in the grounds of revision petition that the complainant was wilful defaulter in the repayment of loan taken by him from the petitioner. He had not deposited a copy of challan with respect to sum of Rs.750/- deposited by him in the year 1983. The complainant had deposited the said challan in the year 2003, and the amount was appropriately adjusted by the petitioner. It has further been stated that the request made by the petitioner to the District Collector for recovery of loan amount was based on calculation upto 25.09.1984, wherein the respondent was liable to pay a sum of Rs.5700/- as principal and Rs.4243/- as interest till that date. The respondent was also liable to pay interest for the period from 3.09.1984 to 2.09.1984 upto the date of full and final payment.