Observing that the bank was "forcing" the army officer to pay the outstanding dues of his son's car loan by making him a co-borrower, the District Consumer Disputes Redressal Forum also directed HDFC Bank Ltd to pay Rs 50,000 as compensation to him.
The bench presided by C K Chaturvedi passed the judgement on a plea by Sarita Vihar resident Col D K Kapur after his son Sanjay Kapur submitted before it that he had taken a Rs 10 lakh loan from the bank but his father was not a co-borrower and showed the original copy of the loan agreement as proof.
"We are fully satisfied that OP (HDFC Bank) has indulged in unfair trade practice, by forcing his father (Col D K Kapur) to pay outstanding amount. This is a serious matter. OP will not henceforth harass the complainant in any manner, in connection with the loan. OP will release the access of the complainant.
"We direct OP to delete the name of complainant from their records as co-applicant in the alleged loan account of Sanjay Kapur (the son). We further award Rs 50,000 as compensation for harassment. The Delhi Police is directed to investigate the complaint of harassment by OP and register an appropriate case and investigate and make a report," the forum said.
Col Kapur in his plea had alleged that the bank in July 2010 had dishonoured his cheques for insufficiency of funds on several occasions despite there being enough money in his account and on enquiring he found that his account was put on hold and he was being shown as co-borrower in a car loan taken by his son.
The bank in its defence had contended that Col Kapur was a co-borrower and liable to pay Rs 8,21,045 as outstanding amount of the car loan.
