• Penalty on pre-closure of personal loan

I had two personals loans for Amount of Rs. 14 lacs and Rs. 3 lacs approximately from one of the small branch of SBI(Branch-1) at RoI of 13.65%. The outstanding payment was approximately 9 lacs and 1 lacs respectively. 

1. I have taken additional personal loan for Rs. 25 lacs with RoI 11.15% from another bigger branch of SBI(Branch-2) where i was told that there will be no penalty charges for pre-closure of loans as you are taking higher loan.
2. However, when i went to Branch-1 for pre-closure of loan after availing 25 lacs, I was charged penalty for the closure of previous loans.

I have given application for reversal of penalty charges but no response till date. What is to be done ?
Asked 25 days ago in Civil Law

8 answers received in 1 day.

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8 Answers

Do you have anything in writing that no foreclosure charges would be levied 

 

2) if so complain to SBI  ombudsmen regarding foreclosure charges 

Ajay Sethi
Advocate, Mumbai
94764 Answers
7543 Consultations

5.0 on 5.0

They can only charge for applicable foreclosure charges no other penalty 

Prashant Nayak
Advocate, Mumbai
31955 Answers
179 Consultations

4.1 on 5.0

If they were competent to charge this penalty in terms of the loan agreement you signed with them, you’ve no case. So firstly, you must read the loan agreement first. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

you will have to complain to the Banking Ombudsman

Yusuf Rampurawala
Advocate, Mumbai
7516 Answers
79 Consultations

5.0 on 5.0

- As per the RBI, the bank should give proper time and offers for the settlement of loan amount. on the ground of health and sudden loss.

- If there is no written letter was issued by the bank for the penalty , then the bank can claim the same 

- However, if you are going to settle the loan amount then bank must give property advantage to you 

- You can send a legal notice to the bank and also file a compliant before the Ombudsman of RBI against that bank.

Mohammed Shahzad
Advocate, Delhi
13256 Answers
198 Consultations

5.0 on 5.0

If you already hold an acknowledgement for your earlier written request, lodge your complaint with the Banking Ombudsman online immediately. Or else, please lodge your written request with the bank branch by Registered Post or Speed Post with A. D., asking them to reverse the pre-payment charges immediately. If you do not receive any reply within a reasonable time, you may complain to the Banking Ombudsman online. 

Swaminathan Neelakantan
Advocate, Coimbatore
2805 Answers
20 Consultations

4.9 on 5.0

The pre-closure charges are not penalty.

It is as per the procedures and ther terms and condition of the loan agreement which you accepted and signed.

The current bank which has granted loan will tell many pleasing things in order to do their business, but they will not commit in writing on this .

Unless and until there is anything committed in writing to waive the pre-closure charges, the conditions of loan agreement will prevail on this subject

T Kalaiselvan
Advocate, Vellore
84965 Answers
2201 Consultations

5.0 on 5.0

Dear client, at first talk to the bank manager for resolution of the issue. If they are adamant then file a complaint in the RBI ombudsmen portal. And also as a legal remedy you can file a complaint on the bank in the consumer court.

Anik Miu
Advocate, Bangalore
8914 Answers
110 Consultations

4.7 on 5.0

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