IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R. SUBBIAH : PRESIDENT F.A. No. 746 of 2023 [Against the order passed in C.C. No.182 of 2022 dated 22.05.2023 on the file of the D.C.D.R.C., Chennai (South)]

Friday, the 14^th day of March 2025 D. Soundararajan Flat No.4, GRN Rivierra Apartment D.No.20, P.T. Rajan Salai K.K. Nagar Chennai – 600 078. .. Appellant/

Complainant - Vs -

1. The Manager Repco Home Finance Ltd.

Asset Recovery Branch

4th Main Road, Plot No.4055 U-Block (Upstairs of PNB)

Anna Nagar, Chennai-600 040.

2. The General Manager Repco Home Finance Ltd., Corporate Office, 3rd Floor Alexander Square Sardar Patel Road Guindy, Chennai-600 032. .. Respondents/

Opposite Parties For Appellant/Complainant : Party – in – person Counsel for the Respondents/

Opposite Parties : M/s. A. Ilangovan This appeal came up for final hearing on 06.09.2024 and, on hearing the arguments of the appellant in person and the counsel for the respondents and on perusing the material records, this Commission made the following

O R D E R

R.SUBBIAH J., PRESIDENT This appeal has been filed as against the order dated

22.05.2023 in C.C.No.182 of 2022 by the District Consumer Disputes Redressal Commission, Chennai (South), dismissing the complaint filed by the appellant herein.

2. The case of the complainant is that at the request of the complainant, the 1^st opposite party sanctioned a housing loan of Rs.50 lakhs vide their sanction letter dated 05.10.2012 in the name of his son Mr.S.Sriram as borrower, the complainant and the complainant’s wife Vijayakumari as co-borrowers. As security for repayment of the said loan, the complainant created an equitable mortgage of his property situated at Plot No.10, Bhagyam Green Meadow, Annai Indira Gandhi Nagar, 1^st Cross Street, Okkiam Thoraipakkam, Chennai by way of Memorandum of Deposit of title deeds dated 08.10.2012, vide Doc.No.5636/2012 on the file of SRO, Neelankarai. The loan amount of Rs.50 lakhs is repayable at Equated Monthly Instalment of Rs.62,769/- p.m., for a period of 180 months. In the loan sanction letter dated 05.10.2012, under Clause 19, the 1^st opposite party had mentioned that the borrower is liable to pay a sum of Rs.75,000/- towards processing and administrative fees. The complainant had also paid the said amount. The Manager of the 1^st opposite party, Headquarters at Ashok Nagar branch, where the loan was initially sanctioned and released, informed the complainant that a sum of Rs.25,000/- would be refunded to him since he had approached the opposite party for loan on seeing the publicity made in the Media by them. A letter to that effect was also obtained from the complainant. But the said amount was not credited to his account. Only while going through the Account Statement given to him at the time of closing the liability, the complainant found that the said amount of Rs.25,000/- has not been credited to his account, inspite of his written claim and oral requests. The said act of not crediting the assured amount, clearly exhibits the deficiency and negligence in service on the part of the opposite parties while dealing with the customer’s account, with 24% interest from the date of loan sanctioned till the amount is refunded to him. Further, the complainant found in the Account Statement dated 17.11.2020 that the opposite parties had disbursed another sum of Rs.96,668/- on 01.12.2015. But the said amount was neither credited to the complainant’s account nor was the information communicated to him. Hence, the opposite parties have no locus standi to claim the said amount or include in the settlement process. Hence, the opposite parties are liable to re-credit this amount, with 24% interest from 01.12.2015 till the date of payment to the complainant’s account. Both the said amounts were not credited to the account of the complainant even till the closure of the loan account and only then, the complainant came to know of the negligent act of