ORDER

(Delivered on 14/12/2016)

Per Smt. J.D. Yengal, Hon’ble Member

1. This appeal challenges the order dated 30/09/2008, passed by the District Consumer Forum, Akola, partly allowing the consumer complaint bearing No. 79/2008 and thereby directing the opposite party(for short OP)/appellant herein ICICI Bank Ltd.  to refund Rs. 34,447.45/- accepted towards foreclosure charges  and Rs. 675/- accepted towards cheque bouncing charges and Rs. 132/- towards overdue charges to the complainant. The OP to further refund Rs. 16,831.70/- to the complainant towards the amount accepted as EMI for the month of September 2007 and  Rs. 5,000/- to the complainant towards the expenses incurred for procuring loan from other bank, that is Bank of Maharashtra. The OP to pay Rs. 10,000/- and Rs. 1,000/- more as compensation for mental and physical harassment and cost of proceeding respectively.
2. Respondent No. 1 Dr. Sarita Radheshyam Sikchi and respondent No. 2 Dr. Radheshyam Devkisan Sikchi are referred to as complainants and appellant ICICI Bank Ltd. is referred to as opposite party ( for short OP) for the sake of convenience.
3. Facts in brief as set out by the complainants in their consumer complaint is as under.

1. Complainant No. 1 Dr. Sarita Radheshyam Sikchi had applied for housing loan from the OP, ICICI Bank Ltd. on 16/7/2003. The OP sanctioned the loan of Rs. 14,00,000/-  and the loan amount was credited into the loan account of the complainant on 31/8/2003. The aforesaid loan amount was to be repaid in 180 months by an EMI of Rs. 15,363/-. The complainant was regularly repaying the loan. However on 16/7/2005, the complainant applied for a Top up loan of Rs. 3,00,000/- from the OP.  The OP again sanctioned the loan and credited the loan amount into her account on 1/1/2006. The subsequent loan was to be repaid in 156 months in  EMI of Rs. 3,400/-.
2. It is the contentions of the complainant that the OP revised the rate of interest on the loan amount on 10/4/2007. Therefore the EMI was enhanced that is EMI of Rs. 15,363/- was enhanced to Rs. 16,146/- and Rs. 3,400/- to Rs.3,433/-. The complainant accordingly handed over the post dated cheques to the OP for the enhanced installment on 11/5/2007. The OP however did not return the post dated cheques to the complainant  which were given to it previously by her.  It is further contended by the complainant that in the month of May 2007, the OP got the amount of Rs. 15,363/- realized by the cheque issued by the complainant previously. The OP again presented  the cheque issued by the complainant for the amount of enhanced EMI that is Rs. 16,146/- at  Murtijapur Branch of Akola Urban Bank. The bank brought this fact to the notice of the complainant. The complainant  instructed the bank for “Stop Payment”. The OP debited  the loan account of the complainant by Rs. 225/- as cheque bouncing charges.  The complainant immediately represented and lodged her complaint with the OP bank telephonically. The OP accepted that it had committed a mistake. The complainant therefore instructed her bank for “Stop Payment” for the month of June to the cheque previously issued by her. However the complainant instructed the OP to present the cheque subsequently issued by her for the enhanced amount of EMI. The OP again presented the old cheque  in the bank which could not be realized and the monthly in