The South-West District Consumer Disputes Redressal Forum asked the housing finance major to pay the compensation to Saket resident Shalima Mary, rejecting its claim that it was not able to give her the requisite information as she had not intimated her about the change in her address.
The forum, presided by Narender Kumar, asked HDFC Ltd to give Mary the compensation, holding the bank guilty of creating circumstances, compelling Mary to pay Rs 98,124 for default in loan repayment.
"The HDFC was negligent, deficient in providing services and guilty of misuse of dominant position of creditor due to which the complainant (Shalima Mary) suffered loss, harassment and mental agony and is entitled to get back the amount of Rs 98,124 she had to pay under compulsion and circumstances created by the negligent action of the bank.
"The OP is also directed to pay Rs 25,000 to her towards compensation and Rs 5,000 as litigation charges," the forum said.
The forum's order came on Mary's plea, which said after moving to Delhi she had written to the finance company to prevent any transaction with regard to her housing loan, but it did not reply and initiated action against her and she had to pay Rs 98,124.
HDFC Ltd contended she had not informed them about her changed address and when her loan repayment became irregular, they sent her reminders and launched action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act, 2002.
