GUDLURU PREMAVATHI Vs. ANDHRA BANK HOUSING FINANCE, GUNTUR

JUDGEMENT

(1.) Aggrieved by the order in C.D.No.220/2006 on the file of District Forum, Prakasam Dist. at Ongole, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant applied for the house loan of Rs.3 lakhs from opposite party no.1 in the year 1998 and both the complainant and her husband furnished their service and salary particulars including their date of births in the loan application undertaking their certificate of pay to the effect that the repayment of EMI amounts would be deducted from their salaries and her husband stood as surety. After all the required particulars and undertakings from pay drawing officers, opposite party no.1 sanctioned house loan of Rs.2,25,000/- at 15.5% interest with direction for repayment in 60 E.M.Is of Rs.2,660/- per month from the complainant and Rs.3000/- per month from her husband who stood as surety in discharging the said house loan and the recovery of the EMIs have to be commenced from 1.7.1998 to 30.5.2003. On 6.9.2003 the complainant received a letter dt.6.9.2003 disclosing the particulars of loan amount and rate of E.M.I. amount being Rs.5,412/- and the outstanding balance of the loan amount as Rs.45,408/-. E.M.I. amount is actually Rs.5,660/- i.e. Rs.3000/- + 2660/- fixed as E.M.I. by Andhra Bank Housing Finance , Guntur. When the complainant asked for verification whether the E.M.I. is Rs.5,660/- or Rs.5,412/- she was informed that Rs.5,412/- is correct and hence excess amount of Rs.22,271.94 was collected from her. The complainant submits that an amount of Rs.3,48,877/- was paid by them and opposite party no.2 closed the account and all the pledged documents were returned to the complainant and opposite party no.2 collected Rs.47,597/- instead of Rs.45,408/- and the total excess amount collected by both the opposite parties is Rs.24,157/- Even when asked, opposite party no.1 did not furnish complete copy of the loan ledger and a legal notice was sent to them on 24.5.2004 and 14.6.2004 requesting opposite parties 1 and 2 to give all the particulars. Another legal notice dt.1.7.2005 was also sent but there was no reply. Hence the complaint seeking direction to the opposite parties to pay an amount of Rs.33,050/- together with interest, compensation and costs.

(3.) Second opposite party filed written version and opposite party no.1 filed a memo adopting the same.