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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4403 OF 2010
 
(Against the Order dated 24/09/2010 in Appeal No. 170/2010 of the State Commission Chandigarh)
1. STATE BANK OF INDIA & ORS.
Corporate Office, Blackbay Reclamation, Madam Cama Road
Mumbai
Maharashtra
2. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA
Local Head Office: Sector 17
Chandigarh
3. ASSISTANT GENERAL MANAGER (ADMINISTRATION), STATE BANK OF INDIA
Zonal Office: Sector-5
Panchkula
Haryana
4. THE BRANCH MANAGER, STATE BANK OF INDIA
R.A. Bazar
Ambala Cantt.
Haryana
...........Petitioner(s)
Versus 
1. N.K. SHARMA
R/o. 25, Bankers Enclave
Ambala Cantt.
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. ANUPAM DASGUPTA, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :M/S. S.L. GUPTA & PARTNERS
For the Respondent :NEMO

Dated : 04 Jan 2012
ORDER

ANUPAM DASGUPTA This revision petition challenges the order dated 24.09.2010 of the Union Territory Consumer Disputes Redressal Commission, Chandigarh (in short, he State Commission in appeal no. 175 of 2010. By this order, the State Commission dismissed the appeal of the appellant Bank and affirmed the order dated 11.03.2010 of the District Consumer Disputes Redressal Forum II, Chandigarh. 2. The respondent was the complainant before the District Forum. As an employee of the petitioner Bank at Chandigarh, he availed of housing loan of Rs. 5 lakh from the Bank Zonal Office at Panchkula. The equated monthly installment (EMI) for repayment of the loan was Rs.2780/-. The rate of interest was concessional at 5.10% per annum upto to the loan of Rs.1.10 lakh and 11.10% above the said amount. The loan had to be repaid in 20 years or 70 years of the employee age, whichever was earlier. The respondent opted to continue the facility of repaying the EMI till 70 years of his age. 3. The respondent took premature retirement under the then policy of the Bank on 31.03.2001. On such retirement, the respondent was ordinarily required to clear the entire outstanding loan out of his retirement benefits. However, the respondent sought continuation of the housing loan and some other employees also did the same. The Bank formulated a scheme under which concessional housing loans made available to the serving employees were converted into usual housing loans with interest at the applicable commercial rate. The respondent availed of this scheme whereupon the entire principal and interest liability of the housing loan outstanding on 31.03.2001 was clubbed at Rs.6,00,563/-. But the respondent paid back Rs.1,50,563/- thereby reducing the outstanding loan to the balance of Rs.4.50 lakh to which the commercial rate of interest for housing loan @ 13% per annum was applied. The EMI was accordingly re-worked and fixed at Rs.5,830/- for the remaining months upto October 2014. It was also stipulated in the said scheme that if 50% of the retired employee monthly pension was less than the EMI, the employee had to furnish a deposit with the Bank, the interest on which would be sufficient to meet the difference between EMI and 50% of the monthly pension amount. Since 50% pension of the respondent was Rs.3,300/- per month, he was asked to furnish a term deposit of Rs.3 lakh, interest on which, i.e., Rs.2,625/- per month was also appropriated towards the balance of the EMI. 4. The clause governing the interest on the loan in accordance with the revised/supplementary loan agreement reads as under: agree declare and confirm that further interest with effect from 01.04.2001 on the entire outstanding in my above housing loan account shall be repayable by me with the present commercial rate of interest @ 13% per annum with quarterly rests. I also agree, declare and confirm that the commercial rate of interest shall continue to be paid by me at the rate as and when revised by the Bank till the loan account is closed 5. The petitioner Bank revised the usual/commercial rate of interest on housing loan downwards in O

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