Punjab

Ludhiana

CC/22/465

Hans Kumar Notiyal - Complainant(s)

Versus

ICICI Home Finance Co.Ltd - Opp.Party(s)

R.K.Bhandari Adv.

26 Nov 2024

ORDER

District Consumer Forum Ludhiana
Room No. 7, Old Wing, New Judicial Complex, Ferozepur Road Ludhiana.
Final Order
 
Complaint Case No. CC/22/465
( Date of Filing : 06 Dec 2022 )
 
1. Hans Kumar Notiyal
St.no.1, Partap Colony, 33 feet Road, Mundian Kalan, Ludhiana
...........Complainant(s)
Versus
1. ICICI Home Finance Co.Ltd
ICICI Bank Tower, Bandra Kurla Complex, Mumbai
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sanjeev Batra PRESIDENT
 HON'BLE MS. Monika Bhagat MEMBER
 
PRESENT:
 
Dated : 26 Nov 2024
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:  465 dated 06.12.2022.                                     Date of decision: 26.11.2024. 

 

  1. Hans Kumar Notiyal son of Shri Hari Chand, resident of Street No.1, Partap Colony, 33 Feet Road, Mudnian Kalan, Near Chadti Kalan Gurudwara, Ludhiana, email:
  2. Suman Notiyal wife of Sh. Hans Kumar Notiyal, resident of Street No.1, Partap Colony, 33 Feet Road, Mudnian Kalan, Near Chadti Kalan Gurudwara, Ludhiana.                                                                                                                                                         ..…Complainants

                                                Versus

  1. ICICI Home Finance Company Limited, ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400051 through its Chairman/Managing Director.
  2. ICICI Home Finance Company Ltd., Opp. Ludhiana Stock Exchange, Near Improvement Trust Building, Feroze Gandhi Market, Ludhiana through its Manager/Authorized person.
  3. ICICI Bank Ltd., Corporate Office at ICICI Tower, Bandra-Kurla Complex, Mumbai-400051 through its authorized signatory.           
  4. ICICI Bank Ltd., registered office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodra, Gujarat-390007.
  5. ICICI Bank Ltd., SCO 137, Feroze Gandhi Market, Ferozepur Road, Ludhiana through its Manager/Authorized person.                                                                                                                 …..Opposite parties 

Complaint Under Section Complaint Under Section 35 of the Consumer Protection Act for holding the opposite parties deficient & negligent in service towards the complainant for indulging in restrictive and unfair trade practice under the purview Protection of the Act, by illegally Consumer and in unauthorized manner debiting amounts from the bank account of the complainants and having not redressed the most genuine grievances of the complainants, having unilaterally & in biased manner re-scheduled their Housing Loan bearing account no.LBLUD00000660593, tenure of 347 for further months repayable till 7.2.2033 despite the fact that Home Loan availed by the complainants already stood fully repaid by them till 7.3.2019 in EMIS and as such, there is no question of opposite parties re-scheduling the said Home Loan and nо such amount is due recoverable by the opposite parties from the complainant and rather they are liable to withdraw their false claim and directing the opposite parties to issue No Due Certificate to them and to return to the complainants the original sale deed dated 3.1.2003 registered vide Wasika no.12060 dated 17.1.2003 of immovable properties owned by complainant no.2 measuring 100 sq. yards situated at Street No.1, Partap Colony, 33 Feet Road, Mundian Kalan, Near Chadti Kalan Gurudwara, Ludhiana redeem it of their equitable mortgage and further directing the opposite parties to pay back the excess amount recovered from the complainant and also to pay to the complainant the compensation of Rs.3,00,000/- for causing them unsolicited and mental agony, unwarranted humiliation, harassment, deprivation and litigation expenses of Rs.20,000/- on the basis of oral and documentary evidence.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants           :         Sh. R.K. Bhandari, Advocate

For OPs                         :         Sh. Alok Mohindra, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Briefly stated, the facts of the case are that complainant No.1 is the husband of complainant No.2. He is doing a private job whereas complainant No.2 is a house wife who stood as a guarantor in the loan account of the complainants. The complainants fulfilled the formalities of OP1 and OP2 and further they vide application dated 31.12.2003 applied to OP3 to OP5 and availed home loan of Rs.4,00,000/- from their local office at Ludhiana vide loan account No.LBLUD00000660593 on 31.12.2003 against equitable mortgage of their house situated at Street No.1, Partap Colony, 33 Feet Road, Mundian Kalan, Near Chadti Kalan Gurudwara, Ludhiana. the complainants deposited original sale deed dated 03.01.2003 having wasika No.12060 dated 17.01.2003.  The complainants stated that the home loan was agreed to be repayable in 180 monthly installments of Rs.3709/- each with interest @9.75% as on date, adjustable interest rate ICICI Home PLR as publicly notified from time to time plus margin of 2.25% = 7.75% p.a. (9.75% - 2.25%). Presently the installment of Rs.4540/- with interest @13.50% is being charged from them by the OPs without any entitlement. According to the complainants, the floating rates of interest were never agreed to by them nor they were ever informed by the OPs regarding said floating rate of interest. Even there was no contractual obligation qua the alleged floating rate of interest. However, complainant No.1 kept depositing the EMIs at agreed intervals and rates in order to repay whole principal loan amount with interest. The complainants further stated that as per statement of account, Rs.9,71,983.21P was paid as pre-EMI interest as Rs.8,38,352/-, principal amount as Rs.1,16,912/- and EMIs of Rs.4540/- and as such, there is no question of the OPs raising false claim of Rs.2,86,035/- more from them.

                   The complainants further stated that as per first payment schedule, tenure of home loan expired on 07.03.2019 upon successful payments of 180 installments by complainant No.1and at that time, prevalent rate of interest was charged by OP3 to OP5 @14.45% as shown in repayment schedule issued by them. Even the rate of interest 14.45% as excessively charged by OP3 to OP5 was never agreed to nor it was contractual one nor any intimation to that effect was given by the OPs to complainant No.1 qua the increase in rate of interest from the agreed rate of interest. Moreover, the rate of interest charges by OP3 to OP5 was against the contractual rate of interest and guidelines of RBI. Whole of principal loan of Rs.4,00,000/- with interest 14.45% stood cleared and repaid by the complainants without any entitlement of the OPs and nothing remained due. The OPs were bound and supposed to issue No Due Certificate, to return original sale deed and absolve them of any liability qua the home loan. Complainant No.1 approached OP3 to OP5 at Ludhiana with request to issue No Due Certificate and to return originals sale deed of their house but the OPs rescheduled the said home loan repayable in 347 installments till 07.02.2033 as per chart dated 18.06.2019. As such, he approached OP bank at Feroze Gandhi Market, Ludhiana and enquired about repayment schedule and apprised them that they have already deposited the whole of principal loan of Rs.4,00,000/- with interest and even they have deposited a sum of Rs.9,71,953.21 against the sanctioned loan of Rs.4,00,000/-. Complainant No.1 further requested the OPs to withdraw their claim qua rescheduling of home loan account but they refused to pay any heed to his genuine request. The complainants claimed to have suffered monetary loss, deprivation and hardship due to deficiency in service, unfair trade practice and malafide intentions of the OPs. In the end, the complainants prayed for holding the OPs deficiency and negligent in providing services to the complainants by rescheduling the housing loan tenure and amount. Further the complainants prayed for issuing direction to the OPs to withdraw their claim and to issue No Due Certificate and to return the original sale deed to them along with compensation of Rs.3,00,000/- and litigation expenses of Rs.20,000/-.

2.                Upon notice, the OPs appeared and filed joint written statement and assailed the complaint by taking preliminary objections on the grounds of maintainability; the complaint being bad for mis-joinder and non-joinder of necessary parties; the complaint being barred under law; concealment of material information; being estopped by their act and conduct etc. The OPs stated that the present complaint has not been properly framed as OP1 and OP2 have no role to play in the transaction except as constituted attorney of the ICICI Bank Limited for sanction of loan. Even the loan transaction has been taken place between the complainant and the ICICI Bank Limited. Further the relief claimed by the complainants means and construes that the terms and conditions of the loan agreement should be ignored but the relief cannot be granted under any circumstances to the complainant as the same is totally barred under the law. The OPs further stated that the complainants are guilty of concealing and withholding the material and vital information as they were fully aware of the change in rate of interest from time to time and even intimation letters were sent to them to said effect. As such, the complainants cannot show ignorance to the change in rate of interest and change in the tenure of loan. Further the complainants were fully aware of change in rate of interest as they opted for adjustable/floating rate of interest and the said rate of interest can vary with any change in the ICICI Home Prime lending Rate i.e. IHPLR of the bank. As per Section 21A of Banking Regulation Act, the rate of interest charged by banking companies is not subject to scrutiny by courts. The OPs further stated that in case the complainant has any grievance regarding the charging of more interest than at the contractual rate or that if the complainant feels that any additional amount has been recovered from him then the proper remedy for him is to file a suit for rendition of accounts before the Hon’ble Civil Court. Even under the contract, the OPs have every right to determine the IHPLR depending on various factors. The Reserve Bank of India has issued the guidelines that the rate of interest is to be determined by the banks with the approval of their respective board of directors subject to the regulatory guidelines issued by the Reserve Bank of India in its Master Circular-Reserve Bank of India (Interest Rate on Advances) Directions, 2016 bearing memo no.DBR.Dir No.85/13.03.00/2015-16 dated 03.03.2016. According to the OPs, no wrong full action has ever been done by the Bank.

                   On merits, the OPs reiterated the crux of averments made in preliminary objections. However, under the column facts of the case, the OPs stated that as per sanction letter dated 20.10.2022, the complainants as well as OP3 to OP5 ICICI Bank have relation of borrower and lender. The loan was sanctioned, granted and disbursed by ICICI Bank Limited regarding which a loan agreement was entered into between complainants and the ICICI Bank Limited. The complainants mortgage their property with ICICI Bank Limited and a repayment schedule was issued. The EMIS were received by ICICI Bank Limited who had to issue No Due Certificate only after the entire amount is repaid by the complainants.

                   The OPs further stated that the complainants approached OP5 Bank for grating housing loan and after considering their eligibility and other documents, the bank sanctions loan of Rs.4,00,000/-, which was disbursed to them.   The complainants had been using and enjoying the said amount. The complainants opted for the adjustable/floating rate of interest payable on the above said loan amount and the said fact has duly been mentioned in the loan agreement executed by the complainant in favour of the OPs. At the time of the inception of loan, as per the rate of interest being charged at that time, the loan was repayable in 180 installments of Rs.3708/- each. However, in case of any change in the adjustable/floating rate of interest the tenure and the amount of installment can vary. In case there is an increase in the rate of interest then the same has to be adjusted by increasing the tenure or/and by increasing the monthly installment. Similarly if the rate of interest is lowered then the same can also be adjusted by decreasing the tenure or/and by decreasing the monthly installment. Further at the time of availing the loan, the complainant was fully aware of rate of interest, tenure of the loan, EMIs of the loan, along with other details and the same were clearly explained to him at the time of disbursal of loan. The loan agreement was executed by the complainant based upon the said details and explanations provided by the Bank. In terms of the loan agreement, he had agreed to make timely & regular repayment of loan installments which were the Essence of the contract. Further at the time of availing this loan, the complainant was provided with the copies of the loan agreement and other documents signed/entered by him along with amortization schedule of the repayment which clearly mentioned the amount adjustable towards principal and interest at every stage of repayment. However, as per the requests of the complainant, the said loan was granted on the Adjustable/floating interest rate. As per the contract that had been entered into between the complainant and the Bank, the complainant was liable to pay interest at the rate of 0.25% below i.e. margin the ICICI Floating Reference Rate i.e. FRR. At the time of the inception of loan the FRR was 7.75% and as such the effective rate of interest which was payable by the complainant to the Bank was 7.50% at the time of the inception of loan. However as is evident from the nomenclature and as is clear from the contract, the said floating rate can increase or decrease at any given time depending upon various factors. The said fact was mentioned in Schedule-B pertaining to the terms and conditions applicable to the loan with adjustable interest rate of the loan agreement. The Adjustable/floating rate of interest is dependent on the availability and cost of funds, cash liquidity in the market, the repo rate, the reverse repo rate and the CRR fixed by the RBI and various other policies of the Government, RBI and the bank. Therefore, the rate of interest is not fixed and can change due to the said circumstances. According to the OPs, the costs of funds is one of the components of FRR, so any change in the cost of funds would have an impact on all the borrowers whose loan is linked to FRR. The said fact was duly conveyed to the complainant and he duly agreed to the same and in token of his acceptance he along with the co-applicant i.e. the complainant No. 2 signed the loan agreement and other documents. The spread between the FRR and the actual rate of interest offered to the borrowers is called 'Margin'. The change in the rate of interest is always on account of the change in the FRR. The margin remains constant throughout the loan. Further any such increase or decrease in the rate of interest is within the public domain and is regularly published in the newspapers and in the electronic media. Even otherwise the policies of the RBI and the Government are regularly published in the print media and also mentioned in the electronic media. Therefore nobody can claim ignorance to the change in the said policies. In case of any change in the base rate of interest or in the FRR, the press releases are issued by the bank which are published in the newspapers.

                   The OPs further stated that the monthly installments that are received from the complainant comprises of the principal amount and the interest component thereupon. The bank issues the interest certificates from time to time in which the principal amount received by the bank and the interest received upon the outstanding principal amount is duly mentioned. As per the terms of the agreement, whenever there is an increase in the interest rate, the bank increases the tenure of loan to the borrowers subject to permissible limits in order to avoid burdening the borrowers with higher EMI and the same is mentioned in the facility agreement i.e. the loan agreement duly signed by the borrower at the time of disbursement. However, in case the borrower wishes to reduce the tenure then he may opt to increase the EMI or make a part prepayment or a combination of both. Whenever there is an increase or decrease in interest rate, change in tenure on EMI then reset letters are sent by the bank at the communication address of the borrowers. However, it is clearly mentioned in the loan agreement that no further intimation shall be given by the bank as to increased or reduced number of EMIs required to be paid by the borrower upon each/any change in the adjustable rate of interest in case the bank issues any notice for payment of the amount at change rate then the same shall be treated by the complainants as sufficient and reasonable notice.

                   The OPs further stated that they have acted in it totally transparent manner and no excess interest has ever been levied to the loan account of the borrower at any point of time during the entire tenure of loan. The details of the increase or decrease in the FRR of the bank and the consequent interest charged from the complainant are available with the bank and the amount of EMI/Tenure was varied as per the said increase or decrease in IHPLR. Further as per the revised RBI guidelines, the borrower is having an option of migrating to new benchmark External Benchmark Based Lending ("EBBL") which is available for existing customers. The customer has the option to re-price his Loan Account to new Benchmark and margin. The changed rate would apply upon execution of the conversion agreement. In such a case the borrower is required to visit the branch of the Bank and to execute the conversion document and pay the requisite applicable conversion fee plus service tax on principal outstanding. The changed rate would apply upon execution of the conversion document and payment of fee. Although, as per the terms of the contract, the Bank is not duty-bound to send the letter each and every time whenever there is any revision in the rate of interest yet the respondent has been sending such letters from time to time. The repayment schedule was issued at the time of the inception of loan and the said the payment schedule was issued as per the rate of interest applicable at the time of the sanctioning and dispersal of the loan amount. However, in case of any variation that is either increase or decrease in the rate of interest than there is a consequent change in the repayment schedule. Therefore, the repayment schedule is dependent upon the rate of interest applicable on the loan amount at the time of the issuance of the said repayment schedule. The said schedules have been issued in favour of the complainant from time to time and as such he has been fully kept abreast of the change in the tenure/amount of payment of installments. Even the OPs kept the complainant apprised of the developments so far as the rate of interest is concerned. The complainant had sent a notice to the respondent which was duly replied by the Bank in which all the facts were clearly mentioned and as such the complainant is well aware of the facts of the case and cannot show ignorance to the said facts. The complainant has been making default in re-paying the amount of loan in as much the total outstanding amount payable by them is Rs.2,77,164/- up to 01.03.2023 and further interest and charges have accrued thereupon since then. After receiving the entire outstanding amount, the loan account will be closed and the original property papers will be released to the complainants. The OPs have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                In evidence, the complainant No.1 Hans Kumar Notiyal tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents Ex. C1 to Ex. C9 and closed the evidence.

4.                On the other hand, the counsel for the OPs tendered affidavit Ex RA of Sh. Dapinder Kaler, Legal Manager, ICICI Bank Limited, Feroze Gandhi Market, Ludhiana along with documents Ex. R1 to Ex. R20 and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents as well as written statement, affidavit and documents produced on record by both parties. 6.                 Admittedly, the complainants were sanctioned home loan of Rs.4,00,000/-  from the OPs vide sanction letter Ex. C1 = Ex. R2, the detail of which is reproduced as under:-

Type of Loan

Resident Indian – Home Loan (RI)

Loan Amount Sanctioned

Rs.400000/-

Term of Loan

180 Months (15 years)

ICICI Home Prime Lending Rates (ICICI Home PLR)

9.75% as on date

Adjustable Interest Rates

ICICI Home PLR is publicly notified from time to time plus margin of -2.25% = 7.75% p.a. (9.75% - 2.25%)

Number of Equated Monthly Installments (EMIs)

180

Amount of each EMI (On Monthly basis)

Rs.3709/- (Payable monthly)

Administration Charges (Non-Refundable)

Rs.2000/- (Rs.600 to be collected and Rs.1400 to be collected on Disbursement.

Processing Fees (non-refundable)

Rs.0/-

Security

As may be specified by ICICI Bank from time to time at its sole discretion

Fees on Part Prepayment

0% on amount prepaid

                                                                                                                                  The loan amount was to be repayable in 180 installments having EMI of Rs.3709/- per month each with adjustable interest rate ICICI Home PLR as publicly notified from time to time plus margin of 2.25% = 7.75% p.a. (9.75% - 2.25%).

7.                The parties executed loan agreement Ex. C2 which contains exhaustive stipulations with regard to loan amount, rate of interest, default etc. including costs and expenses. Schedule-B of Ex. C2, specified the terms and conditions applicable to the loan with adjustable interest rates. The following are the relevant definitions contained in Schedule-B:-

“(i) The expression “Equated Monthly Installment (EMI) means the amount of monthly payment necessary to amortise the LOAN with interest within such period as may be determined by ICICI Bank from time to time.

(iii) “ICICI Bank Floating Reference Rate (FRR) shall mean the percentage rate per annum decided by ICICI Bank from time to time and announced/notified by ICICI Bank in such form and manner as deemed appropriate by ICICI Bank from time to time as Floating Reference Rate.

(iv) The expression “Adjustable Interest Rate” means FRR and the margin, if any, as specified by ICICI Bank and set out hereinbelow, applicable as the interest rate on the loan of the BORROWER pursuant to this Agreement.

Further Clause (C) provides the criteria for computation of interest as below:-

“(C)   Computation of Interest

The EMI shall comprise of the principal and interest on the basis of rate of interest mentioned and computed as specified hereunder, rounded off to the next rupee. Interest and any other charges shall be computed on the basis of a year of three hundred and sixty five days. ICICI Bank may at its discretion vary the basis of the year or the periodicity of computation of interest.

Computation of rate of interest:

  1. All future/further Adjustable Interest Rates applicable for the amount of LOAN lent by ICICI Bank to the BORROWER shall be applied by ICICI Bank on the first day of the month following the quarter in which FRR is changed.
  2. In an event ICICI Bank changed Adjustable Interest Rate prior to the disbursement of the full LOAN within a quarter, the weighted average of the different Adjustable Interest Rate shall be applicable to the loan forthwith from the date of such increase or decrease till the first day of the month following the quarter in which FRR is changed.
  3. Adjustable Interest Rate will be reset on first day of the month following the quarter in which FRR is changed.
  4. In case of PEMI, all future/further Adjustable Interest rate applicable to the BORROWER shall be applied by ICICI Bank on the first day of the month following the quarter in which FRR is changed.
  5. The Adjustable Interest Rate applicable to the LOAN shall be on the basis of FRR prevailing on the date of final disbursement.
  6. The Adjustable Interest Rate prevailing on the date of this Agreement or as changed from time to time shall be applied as follows:
  1. In the event of the BORROWER having already commenced payment of EMI before the beginning of the quarter in which FRR has been revised : on the outstanding principal amount of the LOAN as at the beginning of the next quarter, or
  2. In the event of the BORROWER not having commenced payment of EMI: on the total amount of LOAN drawn prior to revision of the FRR.

Explanation : In the events (a) and (b) above, any pre-payments made by the BORROWER during the financial year shall be taken into account.

  1. The quarter for the purposes of computation shall be a quarter of a year as per the calendar year and each quarter shall begin on 1st January, 1st April, 1st July and 1st October, respectively, ICICI Bank may at its discretion vary the date on which the quarter commences.

Further Clause (E) Interest, is reproduced as under:-

  1. ICICI Bank Floating Reference Rate 7.75% per annum (as on the date of execution of this Agreement)
  2.  Adjustable Rate of interest : ICICI Bank Floating Reference Rate -25% p.a. = 7.75% p.a
  3. Pre-EMI Interest 7.50% per annum
  4.  Additional interest 24% per annum
  5.  Commitment fees ____ % per annum
  6. Part Prepayment fees ____ % on amount prepaid

However, if the BORROWER makes full prepayment, within one year of Part Prepayment, the full prepayment fees shall applicable on amount prepaid to foreclose the loan and on all amounts tendered by the BORROWER towards Prepayment of the LOAN during the last one year from the date of Final Prepayment.

Further as per Clause (F) EMI is calculated on the basis of monthly rests.

There are some other schedules also attached with loan agreement Ex. C2. The loan agreement bears the signatures of both complainants on each and every page.

7.                The complainants are aggrieved of the rescheduling of EMIs by the OPs which have been extended from original 180 EMIs to 347 EMIs payable up to 0702.2033 and the complainants claimed to be paid the entire loan amount to the OPs and the OPs are not inclined to return the original sale deed and other document entrusted to them at the time of availing the loan. Undeniably, it is not the case of the complainants that they were coerced or forced to sign on printed or semi-filled documents including the loan agreement. Even otherwise, it is expected that the complainants were fully aware of the material terms and conditions of the agreement.

                   The loan was availed in October 2003 and the complainants had been paying the agreed rate of interest till 2019. The loan account statement Ex. C5 carries the detail of loan transactions as on 05.09.2022.  It is reflected from the statement that in between 01.10.2013  to 01.07.2022, the revision in the rates of  agreed interest took place 23 times in which rates for some times revised in ascending as well as descending order. The decreasing rates has certainly lead to lowering of EMIs which was paid by the complainant without any protest or murmur. The contention of the counsel for the complainants that they have been condemned unheard and the levying of revised charges was not intimated to them, is devoid of any merits. The OPs have placed on record the letters of intimation Ex R4 to Ex. R18 whereby the revision in rates of interest qua the loan accounts was conveyed to the complainants. It has also been specifically mentioned that the bench mark Reference Rate (FRR) of the OP Bank with floating rate of interest either has been decreased or increased by particular rate and consequently, the loan tenure has been increased or reduced. Further Ex. R9 is the summary which enlists the revision of rates w.e.f. 29.02.2024 i.e. from the date of disbursement till 30.09.2022. Perusal of this document shows the effect of revision of rates and also provides the date of dispatch of letters to the complainants. Now the complainants are estopped from act and conduct and they are blowing hot and cold in same breath.

8.                In this regard, reference can be made to decision of Hon’ble Supreme Court of India in Civil Appeal No.1495 of 2023 Rajesh Monga Vs Housing Development Finance Corporation Limited and others (2024 INSC 162) decided on 04.03.2024 in which the Hon’ble Supreme Court has made the following observation:-

“14. Having executed the agreement; having agreed to the terms and conditions; having received the loan amount, the appellant cannot raise any objection for the first time when the rate of interest was increased after having acquiesced by signing the agreement. Further, the appellant having repaid the loan amount with interest as per the terms of agreement cannot make out a grievance in hindsight and seek refund of the amount paid.”

Keeping in view the facts and circumstances of the case as well as in ratio of above cited case, this Commission is of the opinion that the complainants have failed to prove their case against the OPs of charging any excess rate of interest beyond terms and conditions of loan agreement. Even the complainants have failed to discharge initial onus to prove the deficiency in service on the part of the OPs by any cogent and convincing evidence.  The Hon’ble Supreme Court of India in its judgment in SGS India Ltd. Vs Dolphin International Ltd. in Civil Appeal No.5759 of 2009 decided on 06.10.2021 (LL 2021 SC 544) by the Hon’ble Supreme Court of India while relying upon on its own judgment reported as Ravneet Singh Bagga v. KLM Royal Dutch Airlines & Anr. As well as Indigo Airlines v. Kalpana Rani Debbarma & Ors. (LL 2021 SC 544), has held as under:-

“19. The onus of proof of deficiency in service is on the complainant in the complaints under the Consumer Protection Act, 1986. It is the complainant who had approached the Commission, therefore, without any proof of deficiency, the opposite party cannot be held responsible for deficiency in service.”

9.                As a result of above discussion, the complaint is hereby dismissed being devoid of any merits. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.      

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:26.11.2024.

Gobind Ram.

 
 
[HON'BLE MR. Sanjeev Batra]
PRESIDENT
 
 
[HON'BLE MS. Monika Bhagat]
MEMBER
 

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