Agi George vs. The Deputy Tahsildar (R.R)
Held
The Court quashed KFC's initial calculation (Ext.P8) after KFC conceded its inaccuracy and agreed to issue a fresh calculation. The new calculation would be 1% of the settled amount (Rs. 4,43,92,000/-) plus 18% GST and incidental expenses, which the petitioners agreed to pay for account closure and release of documents.
Facts
Petitioners challenged the Kerala Financial Corporation's (KFC) calculation of recovery charges, including Demand Notice Fee, after settling a loan under a One Time Settlement. They contended that only 1% of the settled amount plus applicable taxes should be levied, disputing the higher amount in KFC's statement.
Key Issues
The key legal issue was the correctness of recovery/collection charges, including 18% GST and other fees, levied by KFC after a loan account was settled under a One Time Settlement scheme.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA, 1945 WP(C) NO. 42750 OF 2023 PETITIONERS: 1 AGI GEORGE AGED 27 YEARS D/O. GEORGE KURIAN, MUNDACKAL HOUSE, MADAKKATHANAM P.O., VAZHAKULAM, MUVATTUPUZHA., ERNAKULAM DISTRICT., PIN - 686670 2 ALEX GEORGE AGED 25 YEARS S/O. GEORGE KURIAN MUNDACKAL HOUSE, MADAKKATHANAM P.O., VAZHAKULAM, MUVATTUPUZHA., ERNAKULAM DISTRICT., PIN - 686670 3 ANNIE GEORGE AGED 57 YEARS W/O. GEORGE KURIAN MUNDACKAL HOUSE, MADAKKATHANAM P.O., VAZHAKULAM, MUVATTUPUZHA., ERNAKULAM DISTRICT., PIN - 686670 BY ADVS. JOMY GEORGE M.J.BENNY R.PADMARAJ SAJEEVAN V.T. CHITRA N. DAS ASWIN ASHOK V. RISHAB S. RONA ANN SIBY RESPONDENTS: 1 THE DEPUTY TAHSILDAR (R.R) KERALA FINANCIAL CORPORATION, RBI JUNCTION, KALOOR, ERNAKULAM - 682 017. 2 THE DEPUTY TAHSILDAR (R.R) KERALA FINANCIAL CORPORATION, PERUMBAVOOR, ERNAKULAM, PIN - 683542 3 THE MANAGER KERALA FINANCIAL CORPORATION, BRANCH OFFICE, 1ST FLOOR, GEORGE TOWN, VENGALLOOR.P.O, THODUPUZHA IDUKKI DISTRICT, PIN - 685608
WP(C) NO. 42750 OF 2023 2 4 KERALA FINANCIAL CORPORATION 1ST FLOOR, GRACE BUILDING, VIKAS BHAVAN,
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