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naveen kashyap (lead consultant)     09 April 2013

Prepayment charges by dhfl

 

 
 
Why is DHFL charging prepayment charges for foreclosure of home loan? My branch manager tell me there is 2% penalty if its closed before 6 months of sanction.
 
It is no where mentioned on the sanction letter/website etc that the customer is liable to pay any such penalty for any such duration. 
The RBI ruling also prohibits HFCs to charge any prepayment charges to shift home loans to other financial institution, whereas DHFL is charging 2% of disbursed amount.
 
Can any of the esteemed lawyers please help me with this?
 
Thanks,
Navin
Noida


 2 Replies

Kumar Doab (FIN)     09 April 2013

The charges shall be governed by detailed T&C signed by you.

You are within your rights to obtain certified copies of:

·         letter of offer

·         copy of filled in loan application

·         copy of loan agreement

·         terms and conditions governing the housing loan

·         other documents such as schedule of fees and charges

 

You may go thru a very interesting publication at:

https://www.moneylife.in/article/improving-us-market-conditions-and-the-housing-boom/26145.html

 

National Housing Bank (NHB), which controls over 54 housing finance companies in the country has stolen a march over the RBI by announcing waiver of pre-payment penalty as early as on 19 October 2011 and it has been more generous enough to extend this benefit to all the borrowers availing home loans on both fixed and floating rate basis.

NHB has directed that pre-payment penalty on pre-closure of home loans should not be charged under following circumstances:

1. Where the home loan is on floating interest rate basis-pre-closure through any source.

2. Where the home loan is on fixed interest rate basis-pre-closure through own source. The expression "own source" for this purpose means any source other than by borrowing from a bank/HFC/NBFC and or a financial institution.”

If this HFC is under NHB and your grievance has not been resolved by the HFC, you can lodge your grievance with NHB:

https://www.nhb.org.in


Attached File : 551691181 nbfc guidelines on loan by rbi cfpcr260312.pdf, 551691181 nbfc master circular 26mc020712fl.pdf downloaded: 591 times

Prasad Yadav (NA)     18 June 2013

Hi Naveen,

I took home loan for under construction property from DHFL on floating rate (Sanctioned Date: Aug 2011). My EMI started in May 2013, now I am trying to foreclose this loan, so they are asking for foreclosure charges.

As I have loan sanctioned in Aug 2011, does foreclosure charges applicable for me?

Is your problem resolved? What steps you did take?

 

Thanks,

Prasad

 

  


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