BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 2nd DAY OF SEPTEMBER 2022
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 1022/2012
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1.
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The Head of Retails Liabilities Group,
HDFC Bank, No.548/D,
Maruthi Mansion,
CMH Road, Indiranagar,
Bangalore 560 038.
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……Appellant/s
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2.
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The Branch Manager,
HDFC Bank, Indiranagar Branch, No.548/D,
Maruthi Mansion,
CMH Road, Indiranagar,
Bangalore 560 038.
Both are represented by its Officer and Power of Attorney Holder Mr. Kishore Kumar Hegde.
(By M/s FX & Co.)
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V/s
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Mrs. S. Roopashri Siddagangaiah,
W/o M.S. Nagaraj,
Aged about 37 years,
Shree Sai Krishna Nilaya, No.75, Ground Floor, 11th Cross,
NGEF Layout,
Nagarabhavi 2nd Stage,
Bangalore 560 072.
(By Sri D.C. Siddalingaiah
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..…Respondent/s
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ORDER
MR. RAVISHANKAR, JUDICIAL MEMBER
1. The appellants/Opposite Parties have preferred this appeal being aggrieved by the Order dt.29.03.2012 passed in CC.No.185/2012 on the file of 1st Additional District Consumer Disputes Redressal Commission, Bangalore.
2. The brief facts of the case are as hereunder;
It is the case of the complainant that she obtained a loan of Rs.25,00,000/- by providing security of the property from the Opposite Party bank. Thereafter, she has cleared the loan prematurely by paying outstanding due of Rs.17,44,223/- with interest to the tune of Rs.9,323/- and at the time of paying the said amount, the Opposite Parties have collected the preclosure charges of Rs.76,920=25 and totally they have collected Rs.18,30,470=22. Infact at the time of preclosure of the loan, the Opposite Parties have collected the preclosure charges at the rate of 4.41% which amounts to deficiency in service and sought for refund of the said amount. The Opposite Parties have rejected to settle the claim subsequently the complainant filed a complaint before the District Commission and sought for refund of the said amount. After trial, the District Commission allowed the complaint and directed the Opposite Parties to pay Rs.95,240/- with interest at 12% p.a. from 30.09.2011, till repayment.
3. Aggrieved by the said order, the appellants/ Opposite Parties are in appeal. Heard the arguments of both parties.
4. The learned counsel for the appellant submits that the complainant had availed a loan to the tune of Rs.25,00,000/- from the Opposite Party bank and entered into an loan agreement. The terms and conditions of the loan agreement are binding by both the parties. The Complainant came forward to clear the loan prematurely for which she made a requisition to that effect also and agreed to pay the outstanding due of Rs.17,44,223=25 along with interest till date to the tune of Rs.9,326=72 and preclosure charges at the rate of 4.41% to the tune of Rs.76,920/- and accordingly an amount of Rs18,30,470/=22 was paid by the complainant. After paymen
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