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Jurisdiction of consumer forum and effect on property after filing
14-Jul-2023 (In Consumer Court Law)
Sir, I have availed a home loan of Rs 20 lac from P&SB bank. On scrutiny of the statements, since the date of loan availed, it has revealed that bank applied many charges contrary to loan agreement & added to the principal loan amount. As per loan sanction letter interest was 11% (floating) for 240 installments @ 20,700/-.As of now my principal balance is not as per the EMI chart calculator. It is found that at the starting itself bank has increased the rate of interest from 11 to 11.75 and EMI has gone upto 22,800/-. Bank never informed me this fact for the last six years and dishonestly placing the cheques of 20, 700/- (which was decided for 20 lacs @ 11% for 240 installements). Now they gave me a call and asks that to submit the overdues approx 84,000/- or to pay 10K to switch over MCLR. Can I file a consumer case?. Whether it will have any adverse effect on the property (like property involves in a case etc.. etc as we speak normally)?
You can take legal action without worrying about the property in question. There is no risk in filing any case, however, for a start i would suggest that you send a legal notice to the bank and file a complaint later.
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Adv. Prashant Kumar
Delhi | 100+ Answers
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Yes you can file a consumer case. It will not make your property disputed since it is a dispute between you and the bank and thus the builder will not be a party. However i will have to see the documents before answering your query.
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Adv. Abhishek Bhardawaj
Delhi | 25+ Answers
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A consumer case can be filed for the alleged deficiency in services on part of the bank. A brief reading of your query suggests that the bank has been deficient in providing the services, as they have unilaterally changed the interest rate and have not informed you of the change and therefore a consumer case is maintainable.
However, the terms and conditions of the loan agreement and other relevant factors have to be perused to make your case succeed and provide a proper opinion.
Another option for getting your grievances against the bank redressed can be by approaching the Banking Ombudsman in your jurisdiction by making a reference. Approaching the banking ombudsman is more cost and time efficient and may not be a bar for you from filing a consumer case at a later stage. The Banking Ombudsman encourages the banks to resolve the disputes and settle the the matter amicably and in case there is no settlement, the ombudsman may also pass directions, as per law, against the bank if there is any misrepresentation or fault on their part.
If you chose to approach the consumer court and suspect any adverse effect on your property, the same can be prevented by seeking an interim protection of your property. By moving an appropriate application before the Consumer Forum at any stage of the proceeding, you can seek for an appropriate protection of your property and if there is some irreparable injury being caused to you then, by the order of the Consumer Forum, the same can be prevented,
However, the terms and conditions of the loan agreement and other relevant factors have to be perused to make your case succeed and provide a proper opinion.
Another option for getting your grievances against the bank redressed can be by approaching the Banking Ombudsman in your jurisdiction by making a reference. Approaching the banking ombudsman is more cost and time efficient and may not be a bar for you from filing a consumer case at a later stage. The Banking Ombudsman encourages the banks to resolve the disputes and settle the the matter amicably and in case there is no settlement, the ombudsman may also pass directions, as per law, against the bank if there is any misrepresentation or fault on their part.
If you chose to approach the consumer court and suspect any adverse effect on your property, the same can be prevented by seeking an interim protection of your property. By moving an appropriate application before the Consumer Forum at any stage of the proceeding, you can seek for an appropriate protection of your property and if there is some irreparable injury being caused to you then, by the order of the Consumer Forum, the same can be prevented,
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Adv. Aditya Gupta
Delhi | 100+ Answers
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After getting execution of sale deed you are the absolute Bieber, bank is only a mortgagor so any litigation against bank can't effect your title over property. First of all get issue the legal notice to bank and then file a consumer case
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Adv. S N Shukla
Delhi | 25+ Answers
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Hi, in stead of going for consumer case, you are suggested to re-read the loan agreement signed by you and the bank. In most of the cases there is an arbitration clause in the agreement and in that condition the dispute is settled by an arbitrator. Please go for it.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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