25/8/11- Counsel for the contesting parties filed hazira and present. As the Op filed the copy of personal loan agreement hence no further order in required on the petition filed by the complainant on 22.6.11 for cause production of copy of agreement.

Heard the  contesting parties. This is a case for a direction to op to decline the monthly installments from 2520/- to 2800/- and claim of overdue of No 6343/- is illegal and to pay a seen of rs 25000/- towards compensation for mental agony.

The case of the complainant is that the op after observing all the formalities had sanctioned a loan to the take of 1,40,000 in favor the complainant which would be paid by the complainant in 72 monthly equal installments @ 2520/- each installments and accordingly the complainant paid his installments till 1.9.10 and  in the month of August 10 the complainant received a demand notice from the Op to pay the installments dues @ 2800/- each instead of after getting such illegal notice complainant of installments amount and came to know that it is due to in crating of interest  and as the op violated the terms and conditions of the contract it can be named as deficiency of service as complainant is entailed for the relief as prayed  and hence this complainant and in support filed demand notice dot 31.8.10 of op copy of pass.

After  service of notice op filed written version stating that the rate of interest is subject to revision from time to time and the boo were was   aware of it as he was agreed and signed in the agreement and as the rate of enhanced. The same is implanted on the boo were  so question of deficiency of service does not arise and in support  filed the copy of personal loan agreement duly executed by the ops.

 Heard the learned counsel for the contesting parties and perused the matinee await able on records. From the copy of personal loan agreement duly executed by the complainant it and it was agreed by the boo were that the bank shall be entitled to increase or decrease the amount as well as number of EMI. Which comprises of principal and interested at its sole dissertation either an account of change in interest rate or other wise and the boo were lender takes to pay EMI as determined by the loan together with interest and other un paid penalty costs charges and expense repaid and such revised rate of interest shall always be construed as agreed to be paid by the boo were and hereby secured and the complainant is also agreed on the above terms and conditions at the time of sanction loan by the ops so after enhance meant of interest op has enhanced the installments from 2520/- to 2800/- and charged rs 6343/- as overdue. And such action of ops cannot be said that deficiency of service. As the op acted as per guide line of the bank and performed the duties meticulously it cannot be said that is deficient is foundering service and liable for any compensation. And accordingly the case is dismissed having no merits but without costs.

The case is accordingly disposed of copy of this order be supplied to the parties as per provision.