JASWANT SINGH Vs. HDFC BANK LTD

JUDGEMENT

(1.) -THIS appeal has been directed by the complainant against order dated 28. 11. 2006 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which his complaint was dismissed.

(2.) BRIEFLY stated the facts are that the appellant (complainant) had obtained personal loan of Rs. 2,15,000 from HDFC Bank (OP) vide loan account No. 128719 which was disbursed in the month of October, 2002 and was to be returned with interest @ 10% p. a. The loan amount was to be returned in 48 equated monthly instalments of Rs. 6,395 each starting from November, 2002. On demand, the appellant delivered 48 post-dated cheques of Rs. 6,395 each to the respondent.

(3.) IT was next averred that in the month of October, 2004 the appellant noticed that respondent had charged higher rate of interest than 10% p. a. and accordingly he requested the respondent to charge interest @ 10% p. a. but it did not agree and as such charged Rs. 40,000 in excess towards interest till 11. 10. 2004. Even respondent demanded Rs. 1,39,883 from the appellant, on account of interest, foreclosure charges @ 4% which were wrongly claimed. Finding no other alternative, he paid Rs. 1,33,489 to the respondent vide receipt dated 11. 10. 2004 in full and final settlement of the claim and the OP issued receipt but did not return 24 post-dated cheques despite repeated requests and went on presenting those cheques which were dishonoured.