ASHISH VASUDEV MODHA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Authorised representative appearing on behalf of the petitioner has tendered his authority letter, which is taken on record.

(2.) This revision petition is directed against the order of the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad ('the State Commission') dated 23.01.2015, whereby the State Commission has allowed the appeal preferred against the order of District Consumer Disputes Redressal Forum, Ahmedbad City (Additional) and dismissed the complaint.

(3.) Briefly put, the facts relevant for the disposal of the revision petition are that the petitioner/ complainant had applied for a home loan of Rs.20 lakh which was sanctioned by the opposite party Bank. Rs.10 lakh was disbursed initially. On the completion of project the complainant applied for disbursal of the balance amount of Rs.10 lakh by way of demand draft in favour of the builder M/s Surya Real Infra Pvt. Ltd., Ahmedabad. The Bank prepared the bank draft in favour of the builder and gave a photocopy of the demand draft to the complainant for onward submission to the builder and made it clear that the original demand draft shall be delivered to the builder at the time of execution of registered sale deed. It is case of the complainant that the builder for want of payment of balance Rs.10 lakh declined to execute the sale deed. Ultimately on 07.01.2013 the sale deed was executed after a delay of 82 days and on that date the original demand draft was given by the Bank to the builder. Claiming late release of bank draft by the opposite party bank amounts to deficiency in service complainant filed a consumer complaint before the District Forum.