LAWS(NCD)-2018-1-172

SYNDICATE BANK Vs. RAM KANWAR

Decided On January 16, 2018
SYNDICATE BANK Appellant
V/S
RAM KANWAR Respondents

JUDGEMENT

(1.) The complaint/respondent applied to the petitioner Bank for a term loan of Rs. 2 crores for constructing a warehouse. The application for grant of the said term loan was submitted in August, 2009. The loan was, however, sanctioned after about 7 months vide sanction letter dated 6. 3. 2010. Vide letter dated 29. 04. 2010, the complainant was asked by the petitioner Bank to complete the requisite formalities for disbursal of the loan. The complainant informed the Bank that he had already availed the loan from another Bank, namely, Canara Bank which had sanctioned the same within 30 days. Thus the loan was not availed by the complainant. Despite his having not availed the loan, a sum of Rs. 104785/- was deducted from his account towards 50% of the service charges. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner Bank which interalia stated in its reply that the processing of the loan was delayed for want of requisite documents from the complainant. It was further stated in the said reply that recovery of service charges was justified in terms of the sanction letter issued by the Bank.

(3.) The District Forum vide its order dated 27. 5. 2016, directed the petitioner Bank to recover only 25% of the processing fee instead of 50% of the same. Being aggrieved from the aforesaid order of the District Forum, the complainant approached the concerned State Commission by way of an appeal. Vide impugned order 17. 7. 2017, the State Commission allowed the appeal filed by the complainant and directed the petitioner Bank not to recover any amount towards payment of service charges. Being aggrieved from the order of the State Commission, the petitioner Bank is before this Commission by way of this revision petition.