• After 12 EMI, Zero amount deducted from Home Loan Principle

Hello,

I seek your advise on the actions I can take to force my bank to act on the following.
On July 2019, I have completed 12 EMI payments to my home loan institution.
When I check my statement of account I see zero deduction from home loan principle amount.
All may payments were done to Interest. 

I noticed this fraud, 8 months back and I had raised several email queries with my bank.
They have boldly not replied to any of these queries.
I tried to speak to branch manager, he has been saying, "Yes Sir, your query is being looked into" straight like a tape recorder since the past 8 months! 

I want to know what are my rights here? 
I have considered transferring my loan to another provider but its going to cost me dearly as I have to forget my 12 EMI as zero principal is paid and also my home loan is at a very competitive rate. Can I stop repaying the EMI to force the bank to take an action? I'm at my wit's end. Please suggest a legal way that is cost effective to me.
Asked 6 years ago in Property Law
Religion: Muslim

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9 Answers

You are right is to reduce the amount and monthly rest balance after payment of your EMI your principal amount should be reduced so that your interest should be charged properly in case your bank is not providing you deduction in your principal then you have to write the bank and incase Bank do not short out your issues you have to write to the banking ombudsman and the ombudsman man will start of the matter within 30 days if you do not receive reply from banking ombudsman within the stipulated time you can file your complaint with the consumer forum against the bank and ombudsman

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Seek explanation from home loan company after that go before banking ombudsman or  consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

approach before concern bank branch manager. If your bank does not address your complaint within a month, you can approach the banking ombudsman. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cannot stop paying EMI 

 

2) when you take a loan bank furnishes detailed statement as to how much interest , principal would go for repayment of loan 

 

3) in first few years more money goes towards interest than principal repayment 

 

4) even if you transfer loan other bank would be doing the same 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You consult with some finance expert first. Bank generally adjust interest portion first. Loan portion later. You need to pay the same no. of EMIs. No extra financial burden to you. 

At this stage no legal action is required. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Don`t default in EMI and complain to RBI under The Banking Ombudsman Scheme.

Home loan EMI would be for years, so default in EMI in not purposeful. All your EMI`s will recover, you just need to carry evidence of deposit. Ask the bank to provide you loan disbursement statement. 

If no EMI`s shown, file police complaint agasint bank and unknown employee for embezzlement of amount deposited by you. 

Further relief from civil or consumer court. Prior to that send legal notice to initiate legal proceeding agasint bank if failed to reconcile account in 7 days.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Generally the EMI repayment in the initial stage may not cover loan repayment, especially if it is a very long term loan, for some initial period the repayments will be towrds the interest portion alone and gradually the payment will cover interest and principle as well.

You may visit the EMI details given to you in the form of brochure at the time of availing the loan or you can inquire from any knowledgeable person that how the repayment works and what are the chances to confirm your allegations.

If the bank manager is not responding to your query you may write to the higher officer of the bank seeking clarification instead of depending the reluctant manager alone.

In my opinion the bank cannot dare to cheat the customers in this manner as you allege however there is nothing wrong in your confirming this issue to satisfy your quest, in case of any such wilful fraud the system will not accept the same, hence you better clarify the details before you plan to initiate legal steps on this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the bank has done fraud in you and now delaying the process at their end.
  2. If they wanted to deduct the interest rate for the first year then they should have mentioned the same in the agreement to loan and informed you also.
  3. Interest rate goes on the calculations of deductions as per the RBI schedules, but surely not like this.
  4. You should file a suit for compensation for metal harassment and adjusting the amount so paid in principle amount before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi

EMI is Equated monthly Installement which means the major portion of your Installement go towards interest in starting of loan and in subsequent Installements Interest portion goes down and principal deductions increases. 

But if bank is not deducting even a small portion from principal and not even giving the explanation then you can approach banking Ombudsman or consumer court.

Shoping EMI is not an option it will affect you adversely by lowering your CIBIL score.

Changing loan provider will not help you much in this case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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