HDFC Bank – Complaint of harassment by the borrower to the Minority Commission
On 23.7.2024, the Minorities Commission issued notice to the Managing Director of HDFC Bank for hearing on 1.8.2024 on the complaint of mental and physical harassment to borrower Respondent No.3 and his deceased father in the matter of recovery of loan.
Section 10 of the Maharashtra State Minorities Commission Act, 2004, does not provide for powers to adjudicate upon any dispute or lis or to pass any executable order much less to make an adjudication on legality and validity of debt recovery or sale transaction.
HELD that the complaint is nothing but an attempt to short-circuit the procedure adopted by HDFC Bank against its borrowers and to face an action as a debtor who was jointly liable to pay Rs.14,74,51,929.35 and the recovery certificate. When the complainant was unable to taste the success in number of proceedings and to avoid that the present complaint was filed. Therefore, the issuance of notice was beyond the jurisdiction of the Minority Commission.
Judgment dated 18.9.2024 of the Division Bench of the Bombay High Court (OS) in Writ Petition (L) No.23881 of 2024 of HDFC Bank Limited and others Vs. State of Maharashtra and Others
