UTTAR PRADESH SAHKARI AWAS SANGH LTD. (PRESENT NAME SAHKARI AWAS NIRMAN EVAM VITT NIGAM LTD.) THROUGH ITS BRANCH MANAGER, BRANCH LUCKNOW 6, SAROJINI NAIDU MARG, LUCKNOW UTTAR PRADESH Vs. DINESH CHANDRA JOSHI & 2 ORS. S/O. LATE SH. J.D. JOSHI R/O. M

JUDGEMENT

(1.) The complainant/respondent no. 1 Dinesh Chandra Joshi entered into an agreement with the petitioner Uttar Pradesh Sahkari Awas Sangh Ltd., Senani Sahkari Awas Samiti Ltd. and U.P. Awas Evam Vikas Lucknow Development Authority, whereby a loan of Rs.62,000.00 was disbursed to the complainant through the society for purchasing a house from Lucknow Development Authority. The payment was released directly to Lucknow Development Authority. The loan was payable in instalments along with interest @ 13.25% per annum. The complainant after paying 47 instalments, made a one - time payment of the balance amount to the society and obtained a No Dues Certificate from the society on 15.01.2001. After obtaining the No Dues Certificate from the society, the complainant requested the petitioner to release the mortgage on his property. A copy of the No Dues Certificate taken from the society was annexed to the letter sent by him to the petitioner. In Feb. 2001, the petitioner released the documents of the house of the complainant comprising the Sale Deed, Lease Deed etc. However, on 21.10.2003, the petitioner sent a demand notice to the complainant demanding a sum of Rs.2,31,222.64.00 from him. The aforesaid demand was followed by a recovery certificate issued against the complainant who made payment of the aforesaid amount under protest, on 26.07.2007. Thereafter, the complainant approached the concerned District Forum by way of a consumer complaint, impleading the petitioner as well as the society as the OPs in the complaint.

(2.) The complaint was resisted by the petitioner which claimed that the loan amount had not been deposited with it by the society and therefore, the complainant did not stand discharged from his obligation to pay the loan amount with interest. The petitioner however, did not deny having released the property documents of the complainant on receipt of a letter from him along with the No Dues Certificate issued by the society.

(3.) The District Forum vide its order dated 18.10.2014, allowed the complaint and directed the petitioner to refund the amount of Rs.2,81,135.00 to the complainant along with interest @ 9% per annum. The petitioner was also directed to pay Rs.1,00,000.00 as compensation to the complainant. The society was directed to pay Rs.50,000.00 as compensation to the complainant.