IDBI BANK Vs. ASWANI KUMAR SRIVASTAVA

JUDGEMENT

(1.) This revision petition is directed against the order of Karnataka State Consumer Disputes Redressal Commission, Lucknow (in short, "State Commission") dated 2.3.2010 whereby the State Commission concurred with the findings of District Forum and confirmed the following directions :-

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the respondent filed a consumer complaint in District Forum, Bangalore alleging that he approached the petitioner/opposite party Bank for home loan for purchase of a plot and raising construction thereon. In the initial negotiation it was made clear that the loan is required not only for purchase of plot but for construction on the site. According to the complainant vide letter dated 12.1.2008 opposite party sanctioned loan of Rs.1,75,00,000/- for purchase of vacant plot. The complainant availed of the loan and purchased the vacant site at HRBR-1 Block, Bangalore and commenced construction. After obtaining necessary permissions for construction the complainant applied for further loan of Rs.65,00,000/- for construction. The petitioner/opposite party, however, declined to sanction the construction loan. The complainant thus approached other lending agency and secured the loan. The complainant, thereafter, approached the opposite party for pre-closure of the loan of Rs.1,75,00,000/- and cleared the loan. On 27.6.2008 complainant received a letter from the petitioner Bank claiming Rs.3,49,488/- as prepayment penalty. The complainant paid said amount under protest. Thereafter, vide letter dated 3.7.2008 the complainant sought refund of the said amount. The opposite party refused to refund the amount as also the processing charges Rs.78,652/-. Claiming this to be deficiency in service the complainant approached the Consumer Forum seeking refund of Rs.3,48,488/- plus Rs.78,652/- besides compensation of Rs.1,00,000/- for mental agony.

(3.) The petitioner/opposite party resisted the complaint and in the written statement denied the allegations of the respondent/complainant.