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V. Agrawal (Software Engineer)     22 November 2013

Education loan query

I had taken a loan from Bank of Baroda for a sum of 3.3 lakhs in 2007 at 12.35% interest. EMI agreed was 5800  but I end up getting a job which paid only 10k per month. So I was unable to pay the EMI amount. My father passed away in 2009 making me the sole bread winner for my family putting more strain on my finances. I talked to the branch manager and he asked me deposit whatever amount I could even if it was 2-3k. I started repaying the amount whatever I could.

With my luck and job changing in 2006-07 I started paying 7k each month to repay the loan quickly. Still the 5yrs tenure of the loan had expired last year. 

The bank said the loan had been renewed and I should keep paying the EMI. By this year I was able to increase my EMI payments to 9k each month. Now I have received a notice from the bank saying I owe them some unpaid EMI and there was a fine of 1.68 lakhs on me. This amount is more than the 50% of the loan itself.

In the meantime, I have never received any monthly statements, information or calls that I was falling behind my EMIs and need to pay. This has come as complete surprise. I called the bank to provide me an email statement copy cause I am working in Bangalore to which they replied they can't do that as they are in a rural area. I tried calling the customer care and I was told "mode of operation" was blocked on the account - I needed to get in touch with my rural area branch if I needed to change/request a statement.  I raised the issue via the greivance redressal on their website and yet to receive any information back for last 3 days. 

The bank has given me 10 days to pay the fine or else they will be taking legal action against me. What steps can I take if the 10 days lapses due to bank's failure to provide me the info?



Learning

 2 Replies

BAALASUBRAMANNYAMM (Advocate)     22 November 2013

Send a mail or a "legal  notice" to the bank with registered post with acknowledgement due, asking to provide loan statement from the date of taking loan till date. The bank  will definitely provide you such statement and  have a scrutiny the said statement. Rest of your personal problems could not be saved you from not paying the EMI intime.

Sethi & Associates (Advocate)     23 November 2013

Dear Sir,
 You should ask the bank to provide you all statements from date taken loan to till now.

For any legal help contact us at adv.aksethi@yahoo.com

Thanks

Sethi & Associates


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