Present :       Sri. C.T. Sabu, President

                                                            Smt. Sreeja. S., Member

                                                            Sri. Ram Mohan R, Member

30^th day of November 2022

CC 410/19  filed on 17/07/19

Complainant            :           Ponthekkan Antony Raphy, Ponthekkan House,

                                                Mission Quarters, Thrissur- 680 001. 

                                                (By Adv. A.D.Benny, Thrissur)

Opposite Party        :           Heor Fincorp Limited, Rep.by Managing Director,

                                                4^th floor, Jos Annexe Building, Jos Junction,

                                                MG Road, Cochin- 682 017.

                                                (Ex-parte)    

O R D E R

By Smt. Sreeja S. Member:

1) The complainant availed a loan from opposite party, bearing No.HCF KOC LTV 00000894956 for personal and business purpose. The loan closed on 14/01/19 for which foreclosure charge etc were paid amounting to Rs.4,60,670.40 (Four lakh sixty thousand six hundred and seventy rupees and forty paise only). The opposite party is not entitled to charge towards foreclosure and same amounts to deficiency in service. Hence a lawyer notice dated 10/06/19 were sent but was in vein. Hence this complaint.

            2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

            3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced four documents which are marked as Exts. P1 to P4. Ext. P1 is the foreclosure statement dated 14/01/19; Ext.P2 is the copy of lawyer notice with postal receipt dated 10/06/19; Ext.P3 is the acknowledgment card and Ext.P4 is the loan account statement dated 11/02/2019.

            4) We have gone through the pleading and documents produced by the complainant. The case of the complainant is that the opposite party imposed foreclosure charges over the loan availed. Moreover Ext.P4 clearly shows that the opposite party recovered the foreclosure charges. Ext.P1 to P3 substantiate the case of the complaint. There is no contra evidence to substantiate the entitlement of opposite party to  impose foreclosure charges from the customers. Hence we are inclined to allow this complaint.

            In the result complaint is allowed and hereby direct the opposite party to pay Rs.4,60,670.40 (Four lakh sixty thousand six hundred and seventy rupees and forty paise only) with 12% interest from the date 17/07/19 (date of filing the complaint) till realization. The opposite party further directed to pay cost and compensation of Rs.10,000/- (Rupees Ten thousand only) within one month from the date of receipt of copy of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th   day of  November 2022.

    Sd/-                                                       Sd/-                                                              Sd/-

Sreeja S                                             Ram Mohan R                                             C.T. Sabu

Member                                            Member                                                        President

Appendix

Complainant’s Exhibits :

Ext. P1 is the foreclosure statement dated 14/01/19.

Ext.P2 is the copy of lawyer notice with postal receipt dated 10/06/19.

Ext.P3 is the acknowledgment card.

Ext.P4 is the loan account statement dated 11/02/2019.

.

                                                                                                                           Id/-

Member