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NISHA GUPTA
SH. MAJHAR ILAHI SHAMSI – Appellant
Versus
INDIA BULLS HOUSING FINANCE LTD. – Respondent


Advocates Appeared:
Mr. Ram Chandra Sharma, Advocate, for the Appellant; Mr. Pramod Kumar, Advocate, for the Respondent

ORDER

Nisha Gupta, President.—This appeal has been filed against the order passed by the District Forum, Jaipur 4th dated 11.5.2016 whereby the complaint has been dismissed.

2. The contention of the appellant is that a loan of Rs. 20,26,000/- was sanctioned to him on 13% interest. Monthly instalment was of Rs. 25123/- and total instalments were 192. Till 2011 he has paid Rs. 15,38,576/- in spite of this the due amount is shown to be Rs. 93,96,900/- which is unfair. The respondents are not entitled to raise the interest rate arbitrary and when he deposited Rs. 25,000/- on 20.12.2011 the rate was reduced from 21.22% to 13.50% but the Forum below has not considered the facts hence, the claim should have been allowed.

3. Per contra the contention of the respondent is that the loan was sanctioned on floating rate of interest and whenever interest rate was increased, intimation was given to the appellant. Loan was sanctioned in 2006 and the appellant has paid the instalments after accepting the increased interest rate. Now he cannot agitate against it and the claim has rightly been disallowed.

4. Heard the counsel for the parties and perused the impugned judgment as well as original recor

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