S. Seshadri vs Housing Development Finance Corpn. Ltd.

THIS revision petition has been filed by the petitioners against the order dated 28.02.2008 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, ''the State Commission '') in Appeal No.746 of 2005 - S. Seshadri & Anr. Vs. The Housing Development Finance Corporation Ltd. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

BRIEF facts of the case are that complainant/petitioner availed home loan of Rs.7,00,000/ - from OP/respondent on equitable mortgage of their property. As per request of the complainant, payment was preponed and full payment was made under protest by letter dated 31.1.2004. Alleging deficiency on the part of OP in charging excess interest, penalty for prepayment and delay in returning documents, complainant filed complaint before District Forum. OP resisted complaint and submitted that interest preponment charges have been levied as per terms and conditions of the loan agreement. It was further submitted that original documents of property were returned on 19.2.2004 and there was no deficiency on their part and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint against which, appeal filed by the petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed. None appeared for the petitioner and by letter he requested that matter may be disposed of.

HEARD learned Counsel for the respondent and perused record.

LEARNED Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed. Perusal of record reveals that interest and preponment charges have been levied as per loan agreement entered between the petitioner and the respondent and apparently, there was no delay in returning documents. Petitioner deposited amount on 31.1.2004 and OP asked the complainant to take documents on 16.2.2004 and documents were returned on 19.2.2004. In such circumstances, order passed by learned State Commission and learned District Forum are in accordance with law.

WE do not find any illegality, irregularity or jurisdictional error in the impugned order and revision petition is liable to be dismissed.

CONSEQUENTLY , revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.