2025 (3) TMI 1239 - SC - Indian Laws

Removal of word settlement used in the loan account statement as it may affect future loan facilities being availed by the appellant - apartments purchased by the appellants are ready and some minor work remains which the builder may complete forthwith and hand over possession to the appellants - builder has not issued acknowledgment of the payments made by the appellants - HELD THAT - Considering the facts and circumstances of the case and the fact that upfront payment has been made by the borrower/appellants under orders of this Court the loan account should be closed treating it as repaid or fully paid up. The learned counsel appearing for the builder upon instruction stated that the possession would be handed over on or before 31.03.2025. This takes care of the second issue raised. Conclusion - i) The Bank will accordingly make the necessary incorporations in their records. ii) As stated by Mr. Kadam learned counsel for the builder let possession of the apartments fully completed in all respects as required under law be handed over to the appellants on or before 31.03.2025. iii) With respect to the third issue the amount having been paid by the appellants to the builder by way of Bank transfer even if no receipt is issued the proof of payment is certified by the Bank but still the builder is directed to issue acknowledgment in writing to have received the entire due amount. iv) One last thing which remains is that the Bank which had initiated recovery proceedings before the Debt Recovery Tribunal or before any other Forum with respect to the loan in question of the four appellants shall forthwith withdraw the same in view of the loan having been satisfied in all the four cases. v) Further appellant Ravi Agrawal or any other appellant who had initiated proceedings before the Real Estate Regulatory Authority shall withdraw such cases. Appeal disposed off.

Summary

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

1. Whether the loan recall notice issued by the Bank constituted unfair trade practices and a violation of Reserve Bank of India (RBI) guidelines.

2. The terms and conditions for the settlement of outstanding loan amounts and pre-EMI payments between the borrowers, the builder, and the Bank.

3. The procedural requirements for the closure of the loan accounts and the issuance of No Objection Certificates (NOCs) by the Bank.

4. The obligations of the builder to complete minor works and hand over possession of the apartments to the appellants.

5. The removal of the term 'settlement' from the loan account statements to avoid impacting future loan facilities for the appellants.

ISSUE-WISE DETAILED ANALYSIS

1. Loan Recall Notice and Alleged Unfair Trade Practices

- Legal Framework and Precedents: The Consumer Protection Act, 1986, under which the appellants filed complaints against the Bank, alleging unfair trade practices and violation of RBI guidelines.

- Court's Interpretation and Reasoning: The Court facilitated an amicable settlement between the parties, thereby rendering the specific allegations moot as the parties agreed to terms that resolved their disputes.

- Key Evidence and Findings: The settlement terms included the waiver of certain charges and adjustments in the pre-EMI payments, indicating a mutual resolution of the grievances initially raised.

- Application of Law to Facts: The Court applied principles of equity and fairness, encouraging the parties to settle their disputes amicably, thus avoiding a protracted legal battle.

- Conclusions: The issue was effectively resolved through the settlement, with no further legal determination needed on the allegations of unfair trade practices.

2. Settlement Terms for Loan and Pre-EMI Payments

- Legal Framework and Precedents: The settlement was facilitated under the supervisory role of the Court, with reference to the contractual obligations of the parties.

- Court's Interpretation and Reasoning: The Court endorsed a settlement where the Bank waived certain charges and provided discounts on pre-EMI payments, contingent on the upfront settlement of the principal amounts by the appellants.

- Key Evidence and Findings: Detailed charts were presented, outlining the outstanding amounts and the agreed settlement terms, including the Bank's waiver and the builder's contribution to the pre-EMI payments.

- Application of Law to Facts: The Court ensured that the settlement terms were fair and reasonable, taking into account the obligations and defaults of each party.

- Treatment of Competing Arguments: The Court addressed concerns from both the appellants and the Bank, ensuring that the settlement terms were equitable.

- Conclusions: The Court approved the settlement terms, directing compliance by the parties and setting timelines for payments and issuance of NOCs.

3. Closure of Loan Accounts and Issuance of NOCs

- Legal Framework and Precedents: The Court's supervisory role in ensuring the closure of loan accounts upon settlement of dues.

- Court's Interpretation and Reasoning: The Court directed the Bank to issue NOCs upon receipt of the agreed payments, ensuring that the appellants' loan accounts were marked as fully paid.

- Conclusions: The Bank was directed to issue NOCs and make necessary changes in their records to reflect the full repayment of loans.

4. Builder's Obligations for Completion and Possession

- Legal Framework and Precedents: Contractual obligations of the builder to complete construction and hand over possession.

- Court's Interpretation and Reasoning: The Court directed the builder to complete any minor works and hand over possession by a specified date, ensuring compliance with the settlement terms.

- Conclusions: The builder was directed to complete the necessary work and transfer possession by the stipulated deadline.

5. Removal of 'Settlement' from Loan Account Statements

- Legal Framework and Precedents: The appellants' concern about the impact of the term 'settlement' on future creditworthiness.

- Court's Interpretation and Reasoning: The Court considered the appellants' request reasonable and directed the Bank to amend the loan account statements to reflect 're-paid' instead of 'settlement.'

- Conclusions: The Bank was instructed to make the necessary amendments to the loan account statements.

SIGNIFICANT HOLDINGS

- The Court facilitated a comprehensive settlement between the parties, resolving the disputes amicably.

- The Court established principles of fairness and equity in encouraging settlements and ensuring compliance with agreed terms.

- Final determinations included the issuance of NOCs by the Bank, completion of construction by the builder, and amendments to loan account statements to reflect full repayment.

- The appeals were disposed of with all matters between the parties resolved, bringing a complete quietus to the litigation.