DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 14^th day of December 2023

CC.55/2023

Complainant

O. A. Kuriakose,

S/o. Abraham,

A10, Crescent Court,

Paniker Road,

                        Kozhikode.

                      (By Adv.  Sri. V. K. Suresh)

Opposite Parties

1.               HDFC Limited,

Ramon (HO),

H. T. Parekh Marg,

169, Back bay Reclamation,

                         Churchgate,

Mumbai – 40020

2.               HDFC Limited,

Ground Floor, Society,

YMCA Cross Road,

Kozhikode – 673001

                       (By Adv.  Sri. Murali P. S, Smt. Anjana. P. K, Smt. Aiswarya. K. G)

ORDER

This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

The complainant had availed a housing loan of Rs. 1 crore and top up loan of 30 lakh from the first opposite party. The period of the loan was 15 years and the wife of the complainant was also a co-borrower. The EMI was Rs. 1,20,000/- and Rs. 30,966/-respectively. In January 2021, the complainant approached the opposite parties to close the top up loan. The opposite parties informed the complainant that if the loan was closed at that time he had to pay Rs. 69,149/- as premature closing charge and that if the loan was closed in October 2021, the premature closing charge would be excluded. So the complainant waited till October and closed the top up loan without any pre closure charges.

3. But when the complainant wanted to close the housing loan, the opposite parties again demanded Rs. 69,000/- towards premature closing charges of the top up loan which was closed earlier. Without paying that much amount, the opposite parties refused to release the documents. The act of the opposite parties amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite party to repay Rs. 69,000/- which was unlawfully collected ­from him.
4. Notices issued from this Commission on 21/02/2023 were duly served on the opposite parties on 28/02/2023 and they entered appearance on 15/03/2023. Vakkalath was filed on 19/04/2023. But the version was not filed within the prescribed time. It was filed only on 26/06/2023 along with petition filed as IA No. 201/2023 to receive the written version condoning the delay. IA No. 201/2023 was dismissed by this Commission as per order dated 07/11/2023 and the opposite parties were set exparte.
5. The points that arise for determination in this complaint are;

           1) Whether there was any unfair trade practice or deficiency of service on the part of the opposite parties, as alleged?

           2) Reliefs and costs.

6. The complainant was examined as PW1 and Exts A1 and A2 were marked.
7. Heard.
8. Point No.1: The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite parties. The specific allegation is that the opposite parties have collected premature closing charges for the loan which had already been closed by him.
9. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the certificate dated 14/04/2022 and Ext A2 is the copy of the E-mail communication sent by the complainant to the opposite parties.
10. The evidence of PW1 stands unchallenged. There is no contra evidence to disprove the claim of the complainant. The act of the opposite parties in collecting premature closing charges for a loan which had already been closed amounts to unfair trade practice and deficiency of service. The complainant is entitled to get refund of the amount of Rs. 69,000/-. He is also entitled to get R. 3,000/- as cost of the proceedings from the opposite parties.
11. Point No. 2 : In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 55/2023 is allowed.
2. The opposite parties are hereby directed to repay an amount of Rs. 69,000/- (Rupees sixty nine thousand only) to the complainant with interest at the rate of 6% per annum from the date of the complaint ie 13/02/2023 till actual payment.
3. The opposite parties are directed to pay a sum of Rs. 3,000/- (Rupees three thousand only) as cost of the proceedings to the complainant.
4. The order shall be complied with within 30 days of the receipt of copy of this order.

Pronounced in open Commission on this, the 14^st day of December, 2023.

Date of Filing: 13/02/2023

                                        Sd/-                                                  Sd/-                                                      Sd/-

                               PRESIDENT                                       MEMBER                                           MEMBER

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Certificate dated 14/04/2022.

Ext.A2 – Copy of the E-mail communication sent by the complainant to the opposite parties.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -   O. A. Kuriakose, (Complainant)

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