Allowed

Hdfc Bank Ltd. v. Mrs. Soumi Sur

DRT27 Oct 2025OA/298/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by HDFC Bank Ltd. for recovery of an outstanding personal loan amount of Rs. 22,98,900.69 plus future interest and costs from the defendant, who failed to repay the loan despite claims of partial payment. The court held the bank's evidence unchallenged.

What did the court decide?

The Defendant is ordered to pay Rs. 22,98,900.69 with future interest at 10.50% p.a. simple from the date of application till realization, along with costs. Permission to proceed against person and pr

Hdfc Bank Ltd. versus Mrs. Soumi Sur — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY^{TRIBUNAL-II AT HYDEMBAD} DATED THIS THE 27TH DAY OF OCTOBER,²⁰²⁵

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PRESENT: SH, RAMESHWAR^{KOTHE,B.COM, L.LB. (HONS.),M'A.} PRESIDING OFFICER

¶3

Original Application No: 298^{OF 2022}

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HDFC Bank Ltd. Office at # 1-10-60/3, 3d^Floor Suryodaya Complex, BegumPet Secunderabad Mandal, HYDERABAD 5OOO16. Rep. by its Authorized Signatory

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.....Applicant.

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Versus

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Mrs Soumi Sur D/O. Pradip Narayan Sur Aged about 40^years, Occ:^{Pvt. Employee} R/O. Flat No. 201, Block -D, Vedamsa Skanda, Srinivasam, Insapur, Patancheru. Hyderabad - 502300

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Also at: C/o Infosys Ltd,

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#8-26617 , Mantri Cosmos

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9th Floor, ISB Road, Financial^District Nanakramguda, Hyderabad 500032

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Also at:

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#1/2, Regent Colony, NSC Bose^Road Javadpur, Near Malansa Cinema Kolkata 7ooo40

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' '.^Defendant

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Counsel for the Applicant^{: Mr. M. Srinivas Reddy} Counsel for the Defendant^{: No representation} ,/A*n ,,, -r/ /,/'^{t^^xs} " 1.,./

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oA.29Al2O22

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::^qLLEE-::

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The Applicant Bank filed the^present OA for the recovery of a sum of Rs.22,98,900.69^ps from the defendant with future interest @ 18o/o p.a. with quarterly rests from date of application till the date of realisation along with costs.

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The case of applicant bank, in brief, is that at the request of the Defendant, applicant bank sanctioned personal loan of Rs.21,50,000/- out of which disbursed an amount of Rs.27,44,967/repayable in 72 monthly instalments of Rs.40,375/- each together with interest @10.50o/o p.a. Defendant executed E-agreement. However the defendant neglected to repay the amount as per agreed terms and also falled to regularize the account despite repeated reminders and requests. As of 04.03.2022, the outstanding loan balance was Rs.22,98,900.69 ps plus further interest and costs. Hence the OA.

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The defendant filed written statement contending, briefly, that despite effect of Covid-19 she had been paying monthly statements to the possible extent. Though she paid substantial repayment, the same has not been recorded and the applicant bank unilaterally declared the account as NPA without following procedure. The claim of bank is incorrect.

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In order to prove its case, Applicant Bank examined l4r. V.V Pavan Kumar, Manager-Legal as AW-1 and marked 7 documents through him as Exhibits A- 1 to A-7.

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The right of defendant adducing evidence was forfeited vide docket order dated 09.O7.2025 and her right to a-dvance arguments was also /Ma

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forfeited on 18.09.2025. -..,o

///"/\1'\'L

oa.zgal2022

Learned counsel for the^{applicant bank reportedno oral arguments'} Perused the written arguments^{filed by him along with material} documents brought on^record.

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The point that arises for consideration^is:-

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Whether the Applicant Bank is entitled^{for the OA claim} against the Defendant,^{as prayed for?}

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According to applicant bank,^{the defendantfailed to repay the} personal loan as per agreed terms. The claim of^{the bank is amply} proved through the evidence affidavit of AW-1^{and Exs.A.1to E 7} marked through him.^{Accordinglyapplicant bank is entitled for the OA} claim together with future^{interest and costs.Exceptbald denial of} contents of apPlication, the^{defendant neitheradduced evidence nor} cross-examined the^{AW-1 disputing the Exs.A.1to A.7 documents' In} fact, she admits in the written^{statement of paying instalments} despite Covid-19 effect. Under^{such circumstances,the Evidence} Affidavit of AW.1 coupled^with the^{recitalsin documentsviz} ,^{Exs A'1} to A.7 marked on behalf of the^{applicant bank remains unchallenged} and un-rebutted.^{Hence, I hold that defendantsare liable to pay the} claim made by the^{Applicant Bank in the O.A with future interest and} costs.

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In the result, the^{present OriginalApplication No-29A/2022is allowed} as under:^-

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i. The Defendant is liable^{to pay to the Applicant} Bank a sum of Rs. 22,98.900.69^{ps with future} interest @ 10.500/o^{p.a. simple, from} -tle^{date of} apptication till^{the date of reatization{/So+6}

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oA.29812022

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ii. the applicant bank is also entiued to proceed against the person and properties of the defendant for realization of its dues; and

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iii. the applicant bank is entiued for the costs.

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The Applicant Bank is directed to file Cost Memo within two(2) weeks from the date of receipt of this Order.

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Issue Recovery Certificate accordingly.

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l2.Communicate a copy of this order to the parties concerned and upload in the official website.

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(Typed to my dictation by the Steno, corrected, signed and pronounced by me in the open court on this the 2Tthday ofOctober, 2025).

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,,,)\G*" 1dm(esnwan xorxey PRESIDING OFFICER

Hdfc Bank Ltd. v. Mrs. Soumi Sur

Case brief

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Hdfc Bank Ltd. v. Mrs. Soumi Sur

Case brief

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