Allowed

Vijaya v. Hdfc Bank Ltd.

Kerala HC12 Dec 2023WP(C)/3473/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by a petitioner against HDFC Bank. The court granted liberty to the petitioner to pay the outstanding loan amount of Rs. 10,64,216 in 12 equal monthly installments starting January 25, 2024, upon which the bank must close the loan account and defer coercive action. Defaulting two installments allows the bank to repossess the vehicle.

What did the court decide?

Liberty granted to pay total outstanding amount of Rs.10,64,216 with interest in 12 equal monthly installments starting 25.01.2024, closing the loan account if complied.

Vijaya Vs Hdfc Bank Ltd. — Consumer Protection | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 12^TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA,

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1945

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WP(C) NO. 3473 OF 2020

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PETITIONER:

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VIJAYA AGED 48 YEARS, W/O RAJAN, KALLATTAVALAPPIL HOUSE, ERAVAKKAD, NENMANIKKARA, THRISSUR-680 301. BY ADV. SRI.C.A.ANOOP

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RESPONDENT:

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HDFC BANK LTD. REPRESENTED BY ITS BRANCH MANAGER, SUHARSHA TOWERS, SHORNUR ROAD, THRISSUR-680 005. BY ADV. SRI.T.RAJESH SRI.P.BINNY JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 3473 of 2020

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: 2 :

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JUDGMENT

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When this matter was called today, the learned Standing Counsel for the respondent Bank, submitted that, the total outstanding in the Loan Account of the petitioner, as on 11.12.2023, is Rs.10,64,216/-; and that if she is willing to pay the same in not more than 12 equal monthly installments, his client will not stand in the way of this Court disposing of this writ petition on such terms.

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Sri.C.A.Anoop – learned counsel for the petitioner, fully agreed to the afore and prayed that this writ petition be thus ordered.

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In the afore circumstances, I allow this writ petition, granting liberty to the petitioner to pay the total outstanding amount in the Loan Account, namely, Rs.10,64,216/- as on 11.12.2023, with all applicable charges and interest, in 12 equal monthly installments commencing from 25.01.2024 . If this is done, the Bank shall close the loan account.

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Needless to say, as long as the petitioner pays as per the above directions, all coercive action against her will stand deferred; but if she defaults payment of any two consecutive installments as ordered above, the Bank will be at full liberty to

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W.P.(C).No. 3473 of 2020

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: 3 :

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repossess the vehicle and proceed against it, as also for recovery, without having to obtain any other orders from this

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Court.

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Sd/DEVAN RAMACHANDRAN JUDGE

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anm

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W.P.(C).No. 3473 of 2020

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: 4 :

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APPENDIX OF WP(C) 3473/2020

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION THE VEHICLE SKODA RAPID CAR EXHIBIT P2 TRUE COPY OF THE RECEIPT FOR PAYING THE INSTALLMENT FOR 8.8.2017 EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 29.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE INSPECTOR OF POLICE EXHIBIT P3 (A) TRUE COPY OF THE RECEIPT FOR COMPLAINT DATED 30.12.2019

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RESPONDENT EXHIBITS : NIL.

Vijaya v. Hdfc Bank Ltd.

Case brief

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What did the court decide?

Vijaya v. Hdfc Bank Ltd.

Case brief

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