K.R.UDAYABHANU,PRESIDENT - (1.) THE appellants are the opposite parties/State Bank of Travancore in O.P.61/2004 in the file of CDRF, Malappuram. The appellants are under orders to refund a sum of Rs.7,159/ - with interest at 10% per annum from the date of the complaint till realization.
(2.) THE case of the complainant is that he had availed a housing loan of Rs.3,60,000/ - from the opposite parties and that he repaid the entire amount on 19.12.2003. On repayment the opposite parties levied a sum of Rs.7,159/ - as pre -closing charges. It is contended that the above charge for pre -closing loan is illegal and has sought for refund of the same. It is the contention of the opposite parties that the pre -closure charges was levied as per the terms and conditions of the loan agreement.
(3.) THE evidence adduced consisted of the proof affidavit of the respective parties; Exts. A1 to A3 and Exts.B1. The Forum has relied on the decision of Karnataka CDR in M. Anees -Ur -Rahman and others v. Jammu and Kashmir Bank Ltd. and others1, Karnataka held that the realization of pre -closure charges amounted to deficiency in service.;