STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH
FIRST APPEAL No | : | 308 of 2013 |
Date of Institution | : | 22.07.2013 |
Date of Decision | : | 15.10.2013 |
State Bank of India, Sector 7 Branch, Madhya Marg, Chandigarh.
Versus
Sh. Rajeev Mishra resident of House No.90, Village Mauli Jagran, U.T., Chandigarh - 160102.
….Respondent/Complainant.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by: Sh. Mahesh Dheer, Advocate for the appellant.
Sh. Rajeev Mishra, respondent in person.
PER DEV RAJ, MEMBER
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2. EMI was changed from Rs.3,400/- per month to Rs.4,300/- per month. It was further stated that the complainant had been paying more than Rs.5,000/- per month. It was further stated that when the complainant approached the Opposite Party, in March, 2012, he came to know that the EMI had now been changed to Rs.11,000/- per month, without any notice, having been sent to him, in this regard. It was further stated that no bank statement was supplied to the complainant. It was further stated that, in the month of March 2012, itself, the complainant met the Manager of RSPC, Sector 17, who told him that the EMIs were paid in time and Rs.84,000/- were paid to the Bank, in advance, and as such, the complainant could not be considered as a defaulter. It was further stated that despite this, he also refused to extend any help, to the complainant. It was further stated that the aforesaid acts of the Opposite Party, amounted to deficiency, in rendering service and indulgence into unfair trade practice. When the grievance of the complainant was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the “Act” only), seeking directions to the Opposite Party, to resolve the issue and pay compensation for mental agony and physical harassment, was filed.
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“3..
Interest on the loan will be charged at SBMTLR/0.25% p.a. below SNMTLR which is currently 11% p.a. (The current effective rate being 10.75% p.a.) with quarterly rests. The rate of interest is subject to revision from time to time and you shall be deemed to have notice of changes in the rate of interest whenever the changes in SBMTLR are displayed/notified at/by the branch/published in newspapers/made through entry of interest charged in the passbook/statement of account sent to you etc. In the event of a default in payment or any irregularity in account, penal interest @2% p.a., over the agreed interest rate will be charged for the overdraft amount and overdue period.*
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* This sentence may be deleted for loans sanctioned upto Rs.2 lacs.”
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17. For the reasons recorded above, the appeal filed by the appellant/Opposite Party, is partly accepted, with no order as to costs, and the impugned order passed by the District Forum, is modified, to the extent, indicated “(i)(ii)
(ii)
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(iv) as mentioned in Clause (ii) alongwith interest @9% per annum from the date of filing the complaint i.e.27.08.2012 till the date of actual payment, to the respondent/complainant, besides payment of cost of litigation.
(v)
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Pronounced.
15th.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
AD
STATE COMMISSION
APPEAL No. 308 of 2013
Argued by: Sh. Mahesh Dheer, Advocate for the appellant.
Sh. Rajeev Mishra, respondent in person.
Dated, the 15th
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER(RETD.)) PRESIDENT | |
Ad
| |
| [HON'BLE MR. JUSTICE SHAM SUNDER] |
| PRESIDENT |
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| [HON'ABLE MR. DEV RAJ] |
| MEMBER |
