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FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
Misc. Application No.1273 of 2020
In/and
Consumer Complaint No. 640 of 2019
Date of Institution : 27.08.2019
Date of Reserve : 25.02.2021
Date of Decision : 09.03.2021
Col. Amit Hajela, S/o Mr. KML Hajela, 4A-1104, Gurjinder Vihar,
AWHO, Near Omega Green Market, Greater Noida-201310
….Complainant
Versus
1. State Bank of India, Jalandhar Cantonment Branch, 51, Church
Road, Jalandhar, Punjab-144005 through its Branch Manager,
Email: sbi.00728@sbi.co.in
2. State Bank of India, Retail Assets Central Processing Centre
(RACPC), 1st Floor, above Main Branch, Civil Lines, Jalandhar,
Punjab-144001
through
its
Branch
Manager.
Email.Agmaracpc.jalandhar@sbi.co.in
…..Opposite Parties
Consumer Complaint under Section 17 of the
Consumer Protection Act, 1986.
Quorum:-
Mr.Rajinder Kumar Goyal, Presiding Member,
Mrs. Kiran Sibal, Member
Present:-
For the complainant
: Sh.Manish Jain, Advocate
For the opposite parties : Sh.Sumit Narang, Advocate
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
The complainant has filed this complaint, under Section 17
of the Consumer Protection Act, 1986 (in short ‘the Act’) seeking
following directions to the opposite parties:
a)
the outstanding principal amount on the date the
account was rescheduled i.e. 13.07.2016; be worked
out as per the agreed upon monthly repayment
Consumer Complaint No.640 of 2019
2
schedule at the original 9.5% interest rate at which the
Loan was sanctioned;
b)
The excess amounts adjusted towards the interest till
July 2016 be reversed and adjusted towards the
outstanding principal amount;
c)
The EMI be rescheduled at 9.4% ROI and as per
subsequent changes in ROI, presently 8.25% on the
outstanding
principal
amount
as
calculated
in
accordance with prayer at (a) above.
d)
The excess amounts collected in the rescheduled EMIs
since July 2016 be adjusted towards the current
outstanding principal.
e)
to direct the opposite parties to pay an amount of
Rs.10,00,000/- to the complainant towards the loss of
Military reputation, mental agony, hardships and loss
suffered by the complainant due to the negligent acts of
the opposite parties;
f)
to direct the opposite parties to pay a sum of
Rs.1,10,000/- to the complainant towards litigation
costs; and
g)
to pass any other order/orders as this Commission may
deem fit in the facts and circumstances of the case;
Misc. Application No.1273 of 2020 (Placing on Record)
2. This application has been filed by the complainant for
placing on record certain documents i.e. Circulars issued by RBI on
different dates as well as letters, on the ground that these
documents are necessary for proper adjudication of the matter.
Consumer Complaint No.640 of 2019
3
3. Reply to the application has been filed by the opposite
parties that the RBI circulars as placed on record is not applicable
to the case of the complainant and is applicable only in the case
where the floating rates are reset by the Bank at the time of review
or renewal of accounts. It is prayed to dismiss the application to the
extent of taking on record letters dated 15.09.2009, 24.04.2010,
22.09.2010.
4. We have heard the learned counsel for both the sides and
have gone through the documents filed along with the application.
5. In view of the reasons mentioned in the application as well
as after perusing the documents, we find that the documents
attached with the application are necessary for proper adjudication
of the matter. Accordingly, the application is allowed and the
documents filed along with the application are taken on the record.
Facts of the Complaint
6. Brief facts, as averred in the complaint are that the
complainant, who is a serving Army Officer, applied for home loan
with opposite party No.1 to purchase an apartment at Greater
Noida, booked vide Registration #OF
