HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED HAVING OFFICE AT: 25 BARAKHAMBA ROAD, NEW DELHI Vs. JAGDISH PRASAD ASOPA S/O SHRI RAWATMAL ASOPA, R/O 10/2 FLAT NO

JUDGEMENT

(1.) Challenge in this revision petition under section 21 (b) of the Consumer Protection Act (in short "the Act") is to the order dated 7.2.2013 in First Appeal No.941 of 2011 filed on State Consumer Disputes Redressal Commission, Rajasthan, Jaipur (in short "the State Commission"). By the impugned order, the State Commission concurred with the finding of the District Forum and dismissed the appeal preferred by the Bank.

(2.) The brief facts as set out in the Complaint are that the Complainant took a home loan from the OP/HSBC Bank for an amount of Rs.11,05,000/- in the name of Rohit Jindal and Rs.80,000/- in the name of Jagdish Prasad. The Complainant averred that while sanctioning the loan, he was informed that there would be no processing fee, insurance, zero balance savings account, etc. The loan amount was to be repaid in 175 installments of Rs.14,500/- each. He was also informed by the Bank that there would be no foreclosure charges if he discharges his loan within six months. The EMIs were deducted from his account on floating rate of interest.

(3.) It is pleaded by the Complainant that without his knowledge, an insurance policy was taken by the Bank, on the housing loan account, for a sum of Rs.1,14,507.97/- and EMIs of the same were deducted from his account. The Complainant brought to the notice of the Bank that higher EMIs were being charged than what was promised and thereafter the Complainant decided to close his account and discharged the entire loan amount and on 7.12.2008 the complainant had written a letter to the Bank for closing this loan account. The Complainant averred that he had requested the Bank to give a statement of the loan account to which the OP replied on 30.12.2008 stating that an amount of Rs.12,43,623/- was due. Complainant had given two cheques to the OP Bank on 31.12.2008 for an amount of Rs.12,43,623/- and Rs.10,00,000/- totaling Rs.12,43,623/- and requested the OP Bank to return the blank cheques bearing his signatures and also the NOC. After repeated requests, the Bank had returned the NOC and the cheques to him on 21.2.2009. It is pleaded by the Complainant that though he had discharged the entire loan amount on 31.12.2008, still an amount of Rs.15,774/- was charged on 15.1.2009 towards EMI. The Complainant had an account balance of Rs.20,540/- and he had issued a cheque to M/s Durga Tea Co. for Rs.19,700/- but the same was dishonoured because of which the Complainant had to bear a loss of Rs.75/-. The Complainant informed the OP Bank that even after payment of the entire loan, EMIs and a zero balance amount of Rs.842.70 was being deducted, which is unjustified. It is further pleaded by the Complainant that the OP Bank did not provide the original documents including the two cheques of ICICI Bank and the complainant had to bear the loss as he had to pay the interest of Citi Bank and PL of ICICI Bank. It is averred by the complainant that the insurance premium of Rs.1,14,507.97 and the policy was taken without his permission and despite repeated requests for refund of these, unjustly charged amounts, the Bank did not respond. Hence the complaint seeking direction to the OP to pay the HLPP charges of Rs.1,14,,507/-, extra payment made with respect to EMIs, cheque dishonor amount of Rs.75, foreclosing charges of Rs.20669/-, zero balance based amount of Rs.6,000/-, damages of Rs.41,000/-, compensation for sending repeated reminders and other litigation costs totalling to Rs.1,98,252/-.