Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant firm through its proprietor approached OP No.1 for availing loan facility of Rs.5 lacs under the MUDRA Scheme. The complainant was made to deposit Rs.18,000/- in name of bank’s processing fee by OP No.1 and also asked to provide collateral security against the proposed loan, which had to be complied by way of mortgage of self-occupied 10-Marla Residential Home by 74 years old father of the complainant, as per the asking of OP No.1 & 2. The complainant was made to bear Rs.2,500/- in name of legal fee towards the collateral property. It was only on 13.07.2017 that he asked loan of Rs.5 lacs which could be disbursed by OP No.1 with credit into complainant firm’s account. The complainant paid through NEFT on the same date for purchasing Gym equipments and thereafter started his Gym business for earning his self-employed livelihood. It is further submitted that the OPs had got signed so many documents from the complainant through its proprietor and his father, which were not filled at the time of transferring Rs.5 lacs loan sum into the current account ‘Dead Lift a Complete Health club’. On 21.11.2017, when complainant proprietor’s father happened to visit the Bank/OPs, he was asked to deposit repayment sum of Rs.9,256/- which was accordingly deposited in cash into the loan account (Ex.C-3). The loan had been arbitrarily sanctioned for Rs.12 lacs by the OPs and not as sought upto Rs.5 lacs only, as per MUDRA scheme. It is important that disbursement of loan by OPs was also for Rs.5 lacs only, hence this aggravated sanction sum of Rs.12 lacs never pertains to the complainant, which was neither demanded nor required ever. It was astonishing to find that under this scheme, no processing fee is chargeable by the Bank/OPs at all, also that no collateral security is required under this type of facility. It was further found that special rate of interest i.e., 10.50% per annum stood applicable with the Bank/OPs at time of disbursement, which was once revised to 9.90% with effect from 20.10.2020. Further admitted quantum of loan sanction amount to be appropriated back was Rs.5 lacs as disbursed by Ops, as per demand and requirement of complainant under MUDRA scheme/facility. It is also submitted that processing fee under the loan was wrongly charged for Rs.12 lacs and Inspection charges towards the collateral property and Insurance Premium levied against said collateral, are to be reversed back/re-credited into the complainant’s loan account. Hence, this present consumer complaint.
2.     OPs contested the consumer complaint, filed their written statement and stated that the complainant availed a term loan of Rs.12 lacs and in support of that complainant submitted his project report mentioning requirement of term loan of Rs.12 lacs and therefore, the OP bank sanctioned the term loan facility of Rs.12 lacs on 12.07.2017 subject to the creation of mortgage and the complainant accepted the term loan of Rs.12 lacs by signing/execution of the sanction letter and various other duly filled loan documents. However, the complainant made withdrawal of Rs.5 lacs only out of sanctioned term loan of Rs.12 lacs. The complainant falsely alleged that he had availed a loan of Rs.5 lacs only under MUDRA loan scheme to avail benefits of MUDRA scheme. However, the complainant never availed loan of Rs.5 lacs under MUDRA scheme. The MUDRA scheme is for loan requirement up to Rs.10 lacs. It is further submitted that the complainant has availed a loan for commercial purpose i.e., for running a Gym.  On these lines, the case is sought to be defended by OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     The main grievance of the complainant is that he had availed MUDRA Loan from the OPs wherein he was granted term loan and the OPs have charged from him many other charges which are not mentioned in the MUDRA loan scheme. Inspite of taking up matter with the OPs, they failed to refund the excessive amount charged by them.
7.     On perusal of the documents annexed by the complainant, it is observed that the complainant himself had submitted the project report to the OPs vide annexure OP-1. The Ops have adduced a copy of the sanction letter issued to the complainant vide annexure OP-2 which clearly mentioned that a term loan have been sectioned up to the total limit of Rs.12 lacs. On perusal of the annexure OP-3, it is observed that it carries detailed terms and conditions of the availed loan in annexure-A of the said letter. The complainant has failed to adduce any documentary evidence that the said loan was availed under the MUDRA scheme. Hence, we are of the concerted view that the said loan was a term loan & not a MUDRA loan. On perusal of the documents it is observed that a processing fee of Rs.18,000/- was charged by the OPs wherein a fee of Rs.7262/- was only payable. It is observed that an amount of Rs.10738/- was credited back by the OPs in the account of the complainant on 26.07.2018. This itself is an indicative that the OPs have charged an excess amount towards processing of fee of the said loan. By charging an extra amount of processing fees the OPs have indulged in the unfair trade practice. This has caused the complainant a great mental agony and harassment for which he deserves to be compensated suitably.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to pay an amount of ₹20,000/- to the complainant as compensation for causing mental agony and harassment.
2. to pay ₹7,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(ii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.