Bank cheated me for rs.22875/- by way of processing charges without disbursing the housing loan
mahmood mithani
(Querist) 08 April 2017
This query is : Resolved
I did applied for housing loan to DCB BANK Ltd. for 45 lacs housing loan, simultaneously i did applied for housing loan AXIS Bank ltd too.My housng loan with dcb bank ltd.was approved vide their letter dtd.25th oct,2016.One of the bank employee Mr.Mr.Kripa Shanker convinced me to give him the Processing charges cheq for Rs.22875/- which will be deposited in the bank after processing the loan amount and after Submitting the original flat registered document along the NOC from the society.On good faith i gave him the cheque amounting to Rs.22875/- in good faith as i am the customer of the bank since last 15 years.
To my surprise the cheque amounting Rs.22875/- was deposited/presented in the bank on 28th october,2016 as processing charges though i never submitted to them Original flat registered documents or NOC from the society, so the loan never got disbursed by me. The matter dont stop here they debited amount of Rs.5250/- in my account as the PRE EMI INSTALLMENT on 05.11.2016, which after fighting / follow up with the bank got it reversed on 02.01.2017.
My question is can i pursue this case in consumer court? if yes which court ? district? or state commission?
Please guide me how to file a case with district court / state commission
Guest
(Expert) 08 April 2017
Your story is a confusing story that on one hand you have stated, "My housng loan with dcb bank ltd.was approved vide their letter dtd.25th oct,2016," while on the other you have stated, "i never submitted to them Original flat registered documents or NOC from the society, so the loan never got disbursed by me."
Still further, your dispute seems to be with the DCB Bank, but you have confused that with your statement, simultaneously i did applied for housing loan AXIS Bank ltd," while the axis bank story has nothing to do with the dispute with the DCB Bank.
Anyway, it may be for your information that the bank charges processing fee for examination and analysis of the housing loan documents, verification/ survey by its authorised person, legal consultation, etc., as an initial process for the purpose of consideration of the loan case, irrespective of whether the loan is admissible or not, sanctioned or not, or any amount is disbursed or not. APPARENTLY, YOU WOULD HAVE ATTACHED PHOTOCOPIES OF THE PROPERTY RELATED PAPERS ALONG WITH YOUR APPLICATION FOR LOAN, BUT YOU HAVE NOT STATED ANYTHING ABOUT THAT.
Processing fee is usually non-refundable, unless circumstances do not justify the charge otherwise.
So, it you really want to pursue your case, better take help of some local lawyer to get the facts verified appropriately from the processed file of the bank.
Rajendra K Goyal
(Expert) 08 April 2017
The loan was sanctioned on the basis of your application, you are liable to pay processing charges even you may not have availed the loan later.
Kumar Doab
(Expert) 08 April 2017
Pursue the loan brochure, loan application, loan approval, T&c communicated to you and any other communication exchanged with you.
The loan was approved and sanction letter was supplied to you.
You did not avail the loan and the Pre -EMI installment was refunded to you.
Mr. Rajnedra K Goyal has posted clear suggestion.He has been Banks and has been advising on such matters and helping querists.
Go thru the T&C supplied to you.
Ignore the 1st confusing post by confused person @PSD.
Show all docs and communications on recorded to local counsel specializing in banking/consumer matters, for a considered opinion.
