Vadodara: Slamming a private bank for forcefully taking possession of a borrower’s household goods, the Vadodara consumer forum directed it to pay the borrowed Rs 3 lakh as compensation. The forum called the bank’s conduct deficient in service and negligent.Manish Chauhan had taken a housing loan of Rs 12.38 lakh from HDFC in 2016 and bought a house on Vadsar Road. Chauhan had also taken an insurance policy from HDFC Insurance to cover the loan in case of his untimely death. In 2019, Chauhan died of liver disease and his wife Niru didn’t have any source of income so she couldn’t pay the EMIs.“Niru filed a claim to cover the loan but the claim was rejected by the insurer citing some policy clauses. She filed a case against the insurer in the consumer forum. Meanwhile, the bank took possession of her house in 2023, evicting her and her children,” said Akhil Dave, who represented Niru Chauhan.Niru wasn’t allowed to take the household goods with her, after which she again approached the Vadodara district consumer disputes redressal commission and filed a complaint in July 2024. “She sought that her house should not be sold and her household items be returned to her. Niru sought Rs 5 lakh as special compensation for the bank’s illegal actions, with Rs 2 lakh for legal expenses,” Dave told TOI.The forum observed, “No doubt, the house/premise was mortgaged but moveable things like, sofa, table, LED TV, ceiling fans, all the kitchen utensils, gas, electric articles, wooden bed and household things are not mortgaged, and the opponent has no right to take possession of movable articles without due process of law.”“This conduct is nothing but deficiency in service and negligence on the part of the opponent,” said the forum, while ordering the bank to pay Rs 3 lakh to the complainant within two months. The forum also ordered the bank to pay the complainant Rs 25,000 as compensation for the mental agony caused and Rs 10,000 towards legal costs.
