A. P. SAHI, BHARATKUMAR PANDYA
Triloki Nath Singla – Appellant
Versus
ICICI Bank – Respondent
ORDER
A.P. Sahi, President—The Complainants/Appellants are husband and wife, who availed of a housing loan facility from the Opposite Party Bank under an agreement dated 18.12.2006. The said loan was sanctioned and disbursed on 20.12.2006. The loan was for Rs.1 Crore and as per the Complainants, the rate of interest was 10.25% with a repayment period of 120 months with an EMI of Rs.1,33,539/-.
2. The Bank claimed interest at fluctuating rates which the Complainants allege was contrary to the guidelines of the Reserve Bank of India and was in excess of the amount agreed upon. On account of this dispute with regard to the rate of interest as charged, the Complainants allege that they represented the matter, but to no avail and in spite of repeated requests since the Bank refused to respond, CC No. 64 of 2012 was instituted on 03.12.2012 before the State Consumer Disputes Redressal Commission, U.T. Chandigarh alleging deficiency praying for the following reliefs:—
(a) Make the Payment of the sum of Rs.26,12,243/- as on 10.10.2012 and further excess charges/interest to the complainants along with interest @ 18% per annum from the respective dates of charging till actual dates of payment
State Bank of India vs. B. S. Agriculture Industries (I)
Balkrishna Savalram Pujari and Ors. vs. Shree Dnyaneshwar Maharajsansthan and Ors.
Samruddhi Cooperative Housing Society Limited vs. Mumbai Mahalaxmi Construction Private Limited
Provision of Section 24A of 1986 Act mandate observance of limitation period unless sufficient cause with a reasonable explanation is available for condoning delay to be recorded with reasons by Comm....
The Banking Ombudsman must adhere to principles of natural justice, providing a fair hearing before resolving complaints, especially regarding unilateral changes in loan terms by banks.
Banks must adhere to RBI guidelines regarding interest rates and cannot charge excessive rates without borrower consent, ensuring transparency and fairness in lending practices.
(1) Administrative policy decisions of Banks, do not constitute provisions/facilities of banking which may come under umbrella of ‘service’, defined under Section 2(1)(o) of Consumer Protection Act, ....
Banks must adhere to the terms of sanction letters and cannot unilaterally alter interest rates without borrower consent, constituting a breach of contract.
Lenders must adhere to RBI guidelines regarding loan terms disclosure and communication to borrowers; changes without notice violate borrowers' rights.
Unfair trade practices and obligations in consumer loan agreements regarding interest rates must be clearly defined and adhered to.
Commercial Purpose – The logic of a Bank providing overdraft against purchase of KVPs for commercial purpose as advanced by the appellant cannot be accepted.
Rate of Interest - the rate of interest mentioned would be the rate applicable for the duration of the ‘scheme’ and not any other rate.
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