DEUTSCHE BANK A.G. Vs. K.S. ELANGOVAN

JUDGEMENT

(1.) THE opposite party is the appellant. The complainant availed a personal loan of Rs. 1,00,000 with the opposite party bank and paid as per the terms and conditions from 5.7.2008 to 5.6.2011 and before which on 19.3.2010 the complainant approached the opposite party for preclosure of the loan account by paying entire amount of balance and thereby he was forced to pay Rs. 43,510 along with Rs. 2,248 towards fore closure charges against the RBI rules and thereby a consumer complaint came to be filed alleging unfair trade practice against the opposite party.

(2.) THE District Forum after an inquiry on the, basis of both sides materials allowed the complaint directing the opposite party to refund a sum of Rs. 2,248 collected towards preclosure charges to the complainant with 9% interest from 2.6.2010 and directed to notify the closure of the loan account with CIBIL and to communicate the same to the complainant immediately and also directed to pay Rs. 12,000 to the complainant as compensation (for unfair trade practice of Rs. 5,000 and to pay Rs. 5,000 for mental agony and also to pay Rs. 2,000 towards costs).

(3.) AGGRIEVED by the impugned order the opposite party has come forward with this appeal contending that the District Forum erroneously allowed the complaint without considering the freedom given to be bank as per the RBI guidelines and the District Forum erroneously relied upon the document Ex. A7 and thereby the complaint is to be dismissed by allowing the appeal.