UNION BANK OF INDIA Vs. KRUPANIDHI EDUCATIONAL TRUST

JUDGEMENT

(1.) The present appeals arise from a common order dated 22.05.2009 of the National Consumer Disputes Redressal Commission (hereinafter referred to as the 'National Commission'). They have, therefore, been heard together and are being disposed by a common order.

(2.) The facts of the case shall be noticed succinctly to the extent necessary for the purposes of the present order. The parties shall be referred to by their respective positions before the State Commission.

(3.) The complainant took a term loan of Rs. 21,60,00,000/- from the Respondent-Bank. An agreement was signed between the parties on 10.05.2006, read with the Circular dated 19.11.2001. It provided that a pre-closure charge of 2% shall be levied on the pre-paid amount for the unexpired period. The Complainant closed the loan before the stipulated date by its letters dated 21.01.2008/28.01.2008. Asserting that there could be no charges for pre-closure of the term loan, the complainant moved the State Commission. The Complaint was allowed and the respondent-Bank was directed to pay a sum of Rs.66,49,299/- with interest @ 12% p.a. apart from cost of Rs.10,000/- to the Complainant. The appeal preferred by the Respondent-Bank was partly allowed by the National Commission but the pre-payment charges payable under the agreement was scaled down. Thus the two appeals.