1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S B CIVIL WRIT PETITION NO.__________/2023

PETITIONERS:
1. Smt. Maya Devi, wife of Suresh Suthar, aged adult, resident of
Upreda, presently residing at F – 529, Regar Chatravas wali
gali, Panchvati, Bhilwada.
2. Suresh Suthar, son of Shankar Lal Suthar, resident of Upreda,
presently residing at F – 529, Regar Chatravas wali gali,
Panchvati, Bhilwada.
Versus
RESPONDENTS:
1. Manager, Umeed Housing Finance Private Ltd., near Shani
Maharaj Mandir, Gandhinagar, Pur Road, Bhilwada.
2. Umeed Housing Finance Private Ltd. 809, 815, 8th Floor, Tower A
Emaar Greens, Golf Course, Extension Road, Sector – 61,
Gurugram – 122102, Haryana.
*****
SB CIVIL WRIT PETITION UNDER ARTICLE
226 AND 227 OF THE CONSTITUTION OF INDIA
.....
IN THE MATTER OF THE INDIAN CONTRACT ACT, 1872
AND
IN THE MATTER OF THE LEGAL SERVICE AUTHORITY ACT
1987
AND
IN THE MATTER OF AWARD DATED 01.06.2023 PASSED BY
THE PERMANENT LOK ADALAT, BHILWARA IN MATTER
NUMBER 527/2019, BY WHICH THE LEARNED PERMANENT
LOK ADALAT HAS DISMISSED THE APPLICATION
PREFERRED BY THE PETITIONER UNDER THE SECTION 22B
OF THE LEGAL SERVICE AUTHORITY ACT.
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****

To
Hon’ble Chief Justice and his companion Hon'ble Judges of the High
Court of Judicature for Rajasthan at Jodhpur.

MAY IT PLEASE YOUR HONOUR:

The petitioners, above named, most respectfully submit as under: -

1. That the Petitioners are the citizens of India residing at the

above – mentioned address and are competent to file the present
Writ Petition.

FACTUAL BACKGROUND

2. That the Petitioners were desirous of purchasing a house for

dwelling purpose, for this purpose they identified the house No. F –
532, in Panchvati Scheme.

3. That a brief background of the title history of this house is as

follows: -
(i) The house was allotted to Shri. Chandra Prakash Tiwari
by allotment letter dated 02.09.2011 issued by the U.I.T
Bhilwara. A copy of the letter dated 02.09.2011 is being
marked and annexed as Annexure 1 of the Writ
Petition.
(ii) Thereafter, this house was sold by Shri. Chandra
Prakash Tiwari to Shri. Shyamlal Bhatt by way of the
sale deed dated 19.11.2012. A copy of the sale deed
dated 19.11.2012 is being marked and annexed as
Annexure 2 of the Writ Petition.
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(iii) That, subsequently by way of the sale deed dated

20.12.2018 this house was purchased by the Petitioner
No. 1 from Shri. Shyamlal Bhatt.

4. That for the purchase of this house the Petitioners needed

home loan, for this purpose they approached the Respondents,
therefore, the Petitioner applied for home loan from the
Respondents on 12.11.2018, the Petitioner also deposited Rs. 2,950/-
(Rupees Two Thousand Nine Hundred and Fifty Rupees Only) on
15.11.2018 vide cheque number 46721 from Bank of Maharashtra.
The Petitioner also deposited Rs. 9,000/- (Rupees Nine Thousand
Only) in cash to Shri. Arvind ji Joshi.

5. That the Respondents by way of the sanctioned letter dated

29.11.2018 has sanction a loan facility to the Petitioner No. 1 for an
amount of Rs. 7,00,000/- (Rupees Seven Lakh Only).

6. That the Respondents also deducted Rs. 45,092/- (Rupees

Forty-Five Thousand Only) in lies of the four installments of Rs.
11,273/- (Rupees Eleven Thousand Two Hundred and Seventy-
Three Only) from the account of the Petitioner No. 2 who is a co –
applicant. The said four installments have been deducted in lieu of
the home loan facility advanced to the Petitioner No. 1 and is
evident from the bank account statement of the Petitioner No. 2.

7. That the officials of the Respondents have also handed over a

photocopy of cheque of Rs. 6,35,400/- (Rupees Six Lakh Thirty-Five
Thousand Four Hundred Only) dated 03.12.2018 on the date of
registry of the above – mentioned house on 20.12.2018, based on this
only the Petitioners have executed the sale deed and paid a stamp
duty of Rs. 52,000/- (Rupees Fifty-Two Thousand Only) and give Rs.
1,64,000/- (Rupees One Lakh Sixty-Four Thousand Only) as non –
refundable earnest money to the seller of the above – mentioned
house.
 4

8. That, however, the loan amount was never handed over to the
Petitioners, and installments were being deducted, therefore, the
Petitioners submitted a representation before the Respondents on
17.05.2019.

9. That, no action was taken on the grievance of the Petitioners,

and the Respondents despite declaring to provide a home loan to the
Petitioners on the basis of which the Petitioners purchased the above
– mentioned house has not provided home loan to the Petitioners.
Therefore, the Petitioners preferred a claim petition before the
Learned Permanent Lok Adalat, Bhilwara on 18.07.2019 with the
prayer to either provide the Petitioners with the home loan charges
and the installments that were illegally deducted or compensate the
Petitioners for the damage suffered by them in incurring the stamp
fees and the earnest money deposit, in addition to the damages for
mental trauma and legal fees. A copy of the claim petition is being
marked and annexed as Annexure 3 of the Writ Petition.

10. That the Petitioner has also submitted the documentary

evidence in Form 5, Order 13 Rule 1. A copy of the documentary
evidence submitted by the Petitioners in Form 5, Order 13 Rules 1
submitted by the Petitioners is being marked and annexed as
Annexure 4 Colly with the Writ Petition.

11. That the Respondents have filed there reply to the claim
petition and has denied the claim of the Petitioners. The
Respondents have submitted that they have refunded the
installment deducted and the processing fees, further they have
submitted that they were not bound to give loan to the Petitioners
and any further expense suffered by the Petitioners is the
responsibility of the Petitioners as no loan agreement was entered
between the Petitioners and the Respondents. They have also
submitted that the loan facility was not provided as the title was not
clear. The Respondents have in support of their claim also submitted
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documentary evidence in Form 5, Order 13 Rule 1. A copy of the

reply of the Respondents is being marked and annexed as Annexure
5 and a copy of the documentary evidence submitted by the
Respondents in Forum 5, Order 13 Rule 1 is being marked and
annexed as Annexure 6 Colly along with the Writ Petition.

12. That after hearing both the parties the Learned Permanent Lok
Adalat has by its award dated 01.06.2023 dismissed the claim of the
Petitioners and held that the Respondents cannot be directed to
provide loan facility, further the amount of Rs. 9,000/- cannot be
refunded as the same have been spent by the surveyor to check the
title of the house to be purchased and the rest of the amount of the
processing charge has been refunded back. However, no finding has
been recorded on providing compensation for expense incurred on
stamp fees and earnest money deposited by the Petitioners. A copy
of the award dated 01.06.2023 is being marked and annexed as
Annexure 7 of the Writ Petition.

13. That, therefore, the Petitioner being aggrieved by the award

dated 01.06.2023 (Annex. 7) and having no other alternate efficacious
remedy prefers this writ petition on the following amongst other
grounds.

GROUNDS

(a) That a bare perusal of the award dated 01.06.2023 (Annex. 7)

would show that the award has been passed without application of
mind and contrary to the legal provisions.

(b) That the Learned Permanent Lok Adalat has failed to not
consider that the sanction letter dated 29.11.2018 was a concluded
agreement between the parties wherein the Respondents had
conveyed the acceptance of the offer of the Petitioners and has also
 6

accepted the consideration in the form of the installments. Therefore,

there was a concluded agreement between the parties.

(c) That if is further submitted that the Respondents by way of

the Sanction Letter, than by accepting the installments and further
by issuance of the cheque had made a declaration to the Petitioners
on the basis of which the Petitioners believing the declaration of the
Respondents acted on the same and entered into the sale deed and
incurred the cost relating to the sale deed, therefore, the
Respondents were liable to sanction the loan amount or in the
alternative provide compensation for the charges incurred due to
acting on the basis of the declarations made by the Respondents.

(d) That an estoppel as defined under Section 115 of the Indian

Evidence Act was created against the Respondents once they issued
the Sanction Letter and the cheque for executing the sale deed.

(e) That the Respondents were liable to refund Rs. 9,000/-

(Rupees Nine Thousand Only) as the same was charge for
sanctioning of the loan.

(f) That even the refund of the processing charges and the
installments have been made much after the sanction letter and the
execution of the sale deed which also shows that the recession was
not valid, even if there was any defect in title of the house purchased
by the Petitioners the same should have been communicated to the
Petitioners before they executed the sale deed.

(g) That the even the claim of the Respondents with regards to
the title of the house is absurd wherein they claim to have
sanctioned the loan and handed over the photocopy of the cheque
even without checking the title of the property. Even, if the claim of
the Respondents is believed to be true, it is submitted that the
Petitioners cannot be made to bear the loss due to the negligence of
the Respondents, as the Respondents even before conducting title
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search have induced the Petitioners to execute the sale deed by

issuing Sanction Letter, cheque for the consideration amount as well
as deducting installments.

(h) That even otherwise the title of the house purchased was not
disputed the same is evident from the copy of the allotment letter
(Annex. 1) and sale deed (Annex. 2), therefore, even the recession
has been done on an unjustified ground. It is further submitted that
the recession has been done after more than seven months of
conclusion of the agreement which itself shows that the
Respondents have acted in a mala fide manner.

(i) That the recession of the contract has been done as an

afterthought by the Respondents and therefore, the recession was
illegal. It is further submitted that the act of providing loan in
pursuance to a contract is not an agreement that required any
personal skill or knowledge.

(j) That other ground shall be urged during arguments.

14. That in the facts and circumstances of the case, petitioners

have no other efficacious alternative remedy but to invoke the extra
ordinary writ jurisdiction of this Hon'ble Court by way filling the
present writ petition.

15. That the petitioners have not filed any such writ petition
either before Hon'ble Supreme Court of India or before any High
Court.

-: P R A Y E R:-
It is, therefore, most respectfully prayed that this writ petition may
kindly be allowed with costs and by issuing an appropriate writ,
order, or direction,
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(i) The award dated 01.06.2023 (Annex. 7) in Matter No.

527/2019 passed by the Permanent Lok Adalat, Bhilwara may
kindly be quashed and set aside.
(ii) That claims made by the Petitioners in claim petition
dated 18.07.2019 (Annex. 3) may kindly be allowed.
(iii) Any other order favorable to the Petitioners may also be
passed.
(iv) Cost of the writ petition may be awarded.

HUMBLE PETITIONERS

THROUGH THEIR COUNSELS

(Anil Vyas/Dharamveer Singh

Veer Aditya Singh/ Sameer Khan)

Notes:
1. No such Writ petition has been filed previously.
2. PF, notices & extra copies will be submitted in time.
3. Pie-papers are not readily available, hence stout-papers.
4. It has been typed by my private steno.
5. The matter is relating to jurisdiction of this Hon’ble Court.
6. My Email id is aneelvyas77@gmail.com and mobile no is
9828511681

THROUGH THEIR COUNSELS

(Anil Vyas/Dharamveer Singh

Veer Aditya Singh/ Sameer Khan)

 9

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S B CIVIL WRIT PETITION NO.________/2023

PETITIONERS V/s RESPONDENTS

Maya Devi & Anr. Umeed Housing Finance & Anr.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Maya Devi, wife of Suresh Suthar, aged adult, resident of Upreda,
presently residing at F – 529, Regar Chatravas wali gali, Panchvati,
Bhilwada, do hereby states that
1 That I am one of the petitioner in the present case and I am
fully conversant with the facts of this case.
2 That the annexed petition has been drafted by my counsel
under my instructions.
3 That the contents of annexed petition have been read over and
explained to me which I have understood fully.
4 That the contents of annexed petition are true and correct to
my personal knowledge. Legal averments made therein are
believed to be true and correct based on legal advice given to
me by my counsel.

VERIFICATION:

I, Maya Devi, the above-named deponent, do hereby verify and

declare that the contents of my above affidavit are true and correct
to my personal knowledge, nothing material has been concealed
therefrom and no part of it is false. So help me God.
 10

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S B CIVIL WRIT PETITION NO.______ ___/2023

PETITIONERS V/s RESPONDENTS

Maya Devi & Anr. Umeed Housing Finance & Anr.

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Maya Devi, wife of Suresh Suthar, aged adult, resident of
Upreda, presently residing at F – 529, Regar Chatravas wali gali,
Panchvati, Bhilwada, do hereby states that: -

1. That I am the petitioner and I am fully conversant with

the facts of this case
2. That the contents of annexed petition have been read over and
explained to me which I have understood fully.
3. That the documents annexed with the writ petition are true,
correct and verbatim copy of the originals.

VERIFICATION:

I, Maya Devi, the above-named deponent, do hereby verify and

declare that the contents of my above affidavit are true and correct
to my personal knowledge, nothing material has been concealed
therefrom and no part of it is false.
So help me God.
 11

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. CIVIL MISC. STAY PETITION NO. /2023

IN
SB CIVIL WRIT PETITION NO._____/2023

PETITIONERS:
1. Smt. Maya Devi, wife of Suresh Suthar, aged adult, resident of
Upreda, presently residing at F – 529, Regar Chatravas wali gali,
Panchvati, Bhilwada.
2. Suresh Suthar, son of Shankar Lal Suthar, resident of Upreda,
presently residing at F – 529, Regar Chatravas wali gali,
Panchvati, Bhilwada.
Versus
RESPONDENTS:
1. Manager, Umeed Housing Finance Private Ltd., near Shani
Maharaj Mandir, Gandhinagar, Pur Road, Bhilwada.
2. Umeed Housing Finance Private Ltd. 809, 815, 8th Floor, Tower A
Emaar Greens, Golf Course, Extension Road, Sector – 61,
Gurugram – 122102, Haryana.

SB CIVIL MISC. STAY PETITION UNDER

ARTICLE 226 OF THE CONSTITUTION OF INDIA
To
Hon'ble Chief Justice and his companion Hon'ble Judges of the High
Court of Judicature for Rajasthan at Jodhpur.

MAY IT PLEASE YOUR LORDSHIPS:

The petitioners, above named, most respectfully submit as under:

-

1. That based on the submissions made in the annexed Writ

Petition, the Petitioners have a strong prima facie case in their
favor and the balance of convenience also lies in their favor.
 12

2. The Petitioners will suffer irreparable injury, if stay, prayed

for is not grated in their favor as the Petitioners require the
loan amount to pay the sale consideration of there dwelling
house.

It is, therefore, most respectfully prayed that stay application

may kindly be allowed and during the pendency and till final
disposal of the present writ petition the Respondents may kindly be
directed to release the loan amount of Rs. 7,00,000/- (Rupees Seven
Lakh Only) in pursuance to the sanction letter dated 29.11.2018.

Any other order favorable to the Petitioner may also be

passed.

HUMBLE PETITIONERS

THROUGH THEIR COUNSELS

(Anil Vyas/Dharamveer Singh

Veer Aditya Singh/ Sameer Khan)

Notes:
1. No such Writ petition has been filed previously.
2. PF, notices & extra copies will be submitted in time.
3. Pie-papers are not readily available, hence stout-papers.
4. It has been typed by my private steno.
5. The matter is relating to jurisdiction of this Hon’ble Court.
6. My Email id is aneelvyas77@gmail.com and mobile no is
9828511681

COUNSEL FOR THE PETITIONERS

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR
S.B. CIVIL MISC. STAY PETITION NO. /2023
IN
SB CIVIL WRIT PETITION NO._________/2023

PETITIONERS V/s RESPONDENTS

Maya Devi & Anr. Umeed Housing Finance & Anr.

AFFIDAVIT IN SUPPORT OF STAY PETITION

I, Maya Devi, wife of Suresh Suthar, aged adult, resident of Upreda,

presently residing at F – 529, Regar Chatravas wali gali, Panchvati,
Bhilwada, do hereby states that

1 That I am the petitioner and I am fully conversant with the

facts of this case
2 That the annexed petition has been drafted by my counsel
under my instructions.
3 That the contents of annexed petition have been read over and
explained to me which I have understood fully.
4 That the contents of annexed petition are true and correct to
my personal knowledge. Legal averments made therein are
believed to be true and correct based on legal advice given to
me by my counsel.

VERIFICATION:

I, Maya Devi, the above-named deponent, do hereby verify and

declare that the contents of my above affidavit are true and correct
to my personal knowledge, nothing material has been concealed
therefrom and no part of it is false.
So, help me God.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S B CIVIL WRIT PETITION NO.__________/2023

PETITIONERS V/s RESPONDENTS

Maya Devi & Anr. Umeed Housing Finance & Anr.

INDEX

S.No. Particulars Page No.

1. Writ petition

2. Affidavit in support of writ petition.

3. Affidavit in support of documents.

4. Stay petition

5. Affidavit in support of stay petition.

DOCUMENTS

An.1 A copy of the letter dated 02.09.2011

An.2 A copy of the sale deed dated 19.11.2012

An.3 A copy of the Claim Petition

An.4 A copy of the documentary evidence submitted

by the Petitioners in Form 5; Order 13 Rules 1
submitted by the Petitioners

An.5 A copy of the Reply to the Claim Petition

An. 6 A copy of the documentary evidence submitted

by the Respondents in Form 5; Order 13 Rules 1
submitted by the Respondents

An. 7 A copy of the award dated 01.06.2023

COUNSEL FOR THE PETITIONERS

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S B CIVIL WRIT PETITION NO.__________/2023

PETITIONERS V/s RESPONDENTS

Maya Devi & Anr. Umeed Housing Finance & Anr.
SYNOPSIS
Date Event
26.11.2018 The Respondents sanctioned home loan to the
Petitioners.
03.12.2018 In pursuance to the sanction letter, the Respondents
handed over photo copy of the cheque so that
Petitioners could execute the sale deed for the
purchase of the house.
The Respondents have deducted four months of
installment from the Petitioners.
20.12.2018 Based on the declaration of the Respondents the
Petitioners has after incurring registry charges
executed the sale deed.
08.07.2019 The Respondents despite there declaration on which
the Petitioners had already acted upon did not
provide the loan amount and have informed the
Petitioners that they would not be providing any loan
and have no responsibility for any action that the
Petitioners did by acting on their declaration.
18.07.2019 The Petitioners submitted there claim petition before
the Permanent Lok Adalat.
01.06.2023 The Permanent Lok Adalat dismissed the claim
petition.
Hence, the Writ Petition.

COUNSEL FOR THE PETITIONERS