VidhiSangh

Supreme Court of India · 04/03/2024

RAJESH MONGA versus HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED & ORS.

[2024] 3 S.C.R. 1 · 2024 INSC 162

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Summary

The signed home-loan agreement made the adjustable rate HDFC’s retail prime lending rate, which HDFC could vary under the agreement. The borrower had repaid the loan and showed no evidence that another lender had offered a better loan; the Court dismissed his refund claim.

Issues

  1. Did the pre-contract email make the adjustable rate dependent on RBI changes despite the signed loan agreement?
  2. Could the borrower claim a refund for interest increases after signing the agreement and repaying the loan?

Held

Result

Appeal dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1.