Court partially allowed consumer loan fee refund claim but rejected insurance premium return due to fixed term.
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for a refund of consumer loan fees and costs, awarding 3,446.34 PLN to the plaintiff. While the court accepted the argument that the loan fee should be reduced proportionally due to early repayment, it rejected the request for a refund of the insurance premium because the coverage period was fixed at 12 months and did not extend to the loan's early termination. Consequently, the plaintiff won 26% of the proceedings costs, while the defendant recovered the remaining 74%.
Legislator headnote
AI generatedArt. 49 ust. 1 ustawy o kredycie konsumenckim; Art. 813 k.c.: The consumer loan fee must be reduced proportionally upon early repayment, whereas insurance premiums are calculated strictly for the agreed coverage period and are not refundable if the coverage expires before the loan term ends.