Consumer Complaint For Increasin Loan And EMI Amount | Vkeel - Free Legal Advice

Amit Ghodke

Bengaluru

My loan amount was 1,00,000 and EMI was 4200 as approved and signed. I received an amount of 98,000 after deduction. However, when it was time for my first EMI amount payment, i realised that they have increased the EMI amount to 4500 and the total loan amount to 1,10,000. When I enquired, I was told that there are 3 insurance policies on my loan and hence the change. However, nobody ever informed me about these insurance policies nor did I sign any document and hence I haven't paid a single EMI till date and have kept asking them to make things right. I made several contacts asking them to make the changes and sometimes I get a reply stating they will and then nothing happens until I get harassment calls from recovery agents. The harassment has now stopped after I walked in to the bank and warned them about a police complaint. Now my real question is, can I file a consumer complaint? If yes, then under what provisions of law? If not, what are my options?

Expert's Answers(3)

Advocate Sanjeev Jain
Muzaffarnagar, Uttar Pradesh

8 Client Ratings

Dear Client You should send a leagal notice after that you can file a civil suit for further assistance book a consultation and rate me if you find my answer helpful

June 9, 2022
Advocate Yogesh Navmahalkar
Jalna, Maharashtra

19 Client Ratings

Definition of Deficiency of Service Section 2 (11) of Consumer Protection Act, 2019 defines Deficiency of Service as “any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes (a) any act of negligence or omission or commission by such person to the consumer and (b) deliberate withholding of relevant information by such person to the consumer.” The term ‘defect’ is defined under Section 2 (10) of Consumer Protection Act, 2019 as “any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under and law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or products and the expression ‘defective’ shall be construed accordingly.” In any buyer-seller relationship, deficiency of service prevails. Such as legal aid, banks, railways, construction, transportation, education, electricity, entertainment, restaurant, hospitality, etc. The consequences of deficiency of service can range from inconvenience or harassment to mental or physical injury to death, thereby leading to legal consequences.

June 9, 2022
Advocate Jitender Singh
New Delhi, Delhi

17 Client Ratings

Before indulging yourself in court proceedings I would suggest you to first of all send them a legal notice regarding your grievances. In that notice you need to warn them either remove the unnecessary amount from my loan account or face legal action which will be at your own cost and time. If the behaviour of the bank officials are intolerable towards you then you can also file a criminal complaint against them in the nearest police station of your area. For more legal assistance I am just a call away.

June 9, 2022