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MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Manmeet Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Prashant Kumar, J.
Heard Sri Utkarsh Srivastava, learned counsel for the petitioner, Sri Anurag Khanna, learned Senior Advocate assisted by Sri Sumit Kakkar, learned counsel for respondent nos.2 to 4 and Ms. Himadari Batra, learned counsel for respondent no.5.
2. The facts of the case are as follows:-
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.
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....
Disputed questions of fact in loan agreements cannot be resolved in writ jurisdiction; such matters require civil adjudication based on evidence rather than legal interpretations alone.
Lenders must adhere to RBI guidelines regarding loan terms disclosure and communication to borrowers; changes without notice violate borrowers' rights.
Banks must adhere to the terms of sanction letters and cannot unilaterally alter interest rates without borrower consent, constituting a breach of contract.
The petitioner is entitled to recover accrued interest on FDRs, as the Banking Ombudsman misapplied legal provisions regarding res-judicata and jurisdiction.
(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, ....
A bank can revise interest rates based on internal ratings without prior notice if contractually permitted, but parties may contest such revisions in appropriate proceedings.
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