M.THANIKACHALAM, J. - (1.) The unsuccessful complainants are the appellants.
(2.) Facts leading to this appeal:- The complainants ? husband and wife, had availed loan bearing No.LBCHE00001431462, for a sum of Rs.12 lakhs, during November 2006 from the opposite parties Bank, though they have assured to disburse the loan amount on or before 31.10.2006, since the loan was availed to liquidate the existing housing loan with the Indian Overseas Bank, Vysarpadi Branch and the car loan availed by the first complainant. But they have not kept the words, whereas the loan amounts were disbursed only in the month of November 2006, thereby they have committed deficiency. Further, they have also collected a sum of Rs.13,470/- towards the processing charges, requesting to avail ECS clearance service for monthly payments, originally fixing, fixed rate of interest, directing the borrowers to pay the EMI, which was later converted from 178 months to 194 months.
(3.) The complainants were not allowed to fill the application and they have marked floating rate of interest, which was not made known to the complainant. Subsequently, in the month of April 2007, the complainant received a letter, informing the resetting of the tenure of the loan from 242 months to 292 months and the EMI was arrived at Rs.15,277/- in lieu of original EMI of Rs.14,791/-. The enhancing of the EMI value by the opposite parties at their discretion should be construed as deficiency in service and in fact the complainants are not happy regarding the service rendered by the opposite parties. Therefore, they have decided to foreclose the loan, for that, they have sent a Demand Draft in full and settlement of the claim of Rs.11,26,045/- along with legal notice. But the opposite parties have not accepted and demanded balance amount, for which, they have also sent their representatives, who created a bad scene in front of the house. Despite the discharge of the loan by outside borrowing, the opposite parties failed to hand over the original title deeds and they were threatening over phone, changing the stand then and there, as if, there are balance, which is against the facts. Thus, for the deficiency committed by the opposite parties since they have received the amount and the loan being discharged, should be directed to pay a compensation of Rs.3 lakhs, in addition, directing them to return all the documents and title deeds submitted by the complainants, at the time of availing the loan. Hence, the case.;