IN THE MATTER OF

Anupam Singh W/o Late Sri Anil Kumar R/o Panchsheel Colony, Ramghat Road, Aligarh

                                                         V/s

1. Manager, H.D.F.C. Bank Ltd. Branch Masudabad Chauraha, G. T. Road, Aligarh
2. Arun Singh, Collection Officer H.D.F.C. Bank Ltd. Branch Sasni Gate, Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. The Op be directed to levy the interest on the amount Rs. 393747  from the date 3.8.2021 to the date of filing the case.
2. The Op be directed to pay Rs. 10000 as physical and mental sufferings and Rs.5000 as litigation expenses/.

2. The Complainant has stated that she was sanctioned loan amount Rs. 407882 where is amount Rs.393572 was credited to her account after deducting amout Rs. 15310 on 3.8.2021 which was wrongly deducted without consent of the complainant. Complainant has paid 16 EMIs and thus she has paid the amount Rs. 173472 to the date of filing the case. Complainant requested the OP to pay entire loan amount with interest accrued on the date of entire payment. Ops avoided to receive the loan amount with interest accrued on the date of payment. OP have refused to receive the loan amount due with interest accrued on the date of payment and pressed for payment of the amount of interest to be accrued during the entire period of loan i.e. 4 years. Ops have no right to claim the interest of entire period of the loan and there bound to receive the loan amount with interest to be accrued by the date of payment.
3. OP submitted in WS that the complainant was granted a personal loan of Rs. 407882 on 3.8.2021 under loan agreement and the complainant agreed to abide by the terms and conditions of the loan agreement an amount of Rs.392155 was disbursed out of the loan amount after deduction of process fee Rs.7220, Rs.419 towards get interest , Rs206 towards stamp duty, Rs.3465 towards credit protect insurance and Rs.4417 towards Bajaj Alliance SKSS insurance policy took by the complainant for covering her risk and risk of loan amount. Complainant never approached to foreclose the loan amount and ops are always ready to accept the outstanding loan amount  as per terms and condition of the loan agreement. Complainant has paid 17 EMIs and on 11.7.2023 a sum of Rs.254667 is due.          
4. Complainant has filed papers in support of his pleadings. Ops have also filed papers and affidavit.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. In view of pleadings of the complaint and papers submitted in support of the complaint it appears that the complainant has sought to grant the relief of payment of the entire loan amount with interest accrued on the date 5.1.2023 when she had gone to the bank and requested the Ops to receive the entire loan amount with interest accrued on that date. Complainant has alleged that OP has refused to receive the loan amount due with interest accrued on that date and pressed for payment of the amount of interest to be accrued during the entire period of loan i.e. four years. Ops have stated that the complainant had never approached and further stated that Ops are ready and willing to receive the amount as per terms and conditions of the agreement. It is important to note that the complainant has right to make payment of the entire amount at any time during the period provided for payment in the loan agreement and it is matter of common sense that  complainant shall be liable to make payment of the interest accrued on that day and the terms and conditions of the loan agreement have no relevance in this regard. Thus it is held that the complainant was liable to make payment of outstanding loan amount with interest accrued on  5.1.2023. Accordingly Ops are bound to receive the outstanding amount of the loan due on 5.1.2023 with interst accured on 5.1.2023 on outstanding amount of  loan.            
8. The question formulated above is decided in favor of the complainant.

9. We hereby direct the Ops to receive the outstanding amount of the loan due on 5.1.2023 with interst accured on 5.1.2023 on outstanding amount of  loan. Ops also pay to complainant  Rs. 10000 as litigation expenses.
10. Ops shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.