A bank has wrongly classified a home loan account as NPA against RBI guidelines and the terms of loan agreement. The banks behaviour was undoubtedly harassive. It issued 13(2) notice. It did not reply to objections raised by borrower in time but claimed to have replied. The bank's clarification letter when tracked is found to be lost and never delivered to borrower. A lately shared copy shows the clarifications are vague, customary and also late (not within 15 days). Banker once again pasted same identical 13(2) notice with same facts, figures and dates, on to the premises around two weeks after expiry of 60 days of serving it first time, through a 3rd party agent,who created ruckus which is against RBI guidelines, without mandatory prior intimation and without carrying IIBF certificate or photo ID card. His visiting card and photograph were captured within the premises. Subsequently, the borrower once again sent a letter to bank reminding his earlier objections that were not clarified.
Although the bank always orally threatened to take action u/s 13(4) but has never issued 13(4) notice or approached JMM/Collector. Subsequently, it realized its folly and withdrew the 13(2) notice in writing. Can somebody provide their expert opinion on the following:
1) As the later pasted and original 13(2) notices are one and same, does the act of withdrawal apply to both of them?
2) Can the borrower claim compensation under SARFAESI for the mental agony he has gone through ? How much can he claim ?He had almost arranged for 30% of 13 Lacs in order to contest at DRT.
3) Can he file an F.I.R. against the bank and file a defamation suit for damages for pasting the notice in front of neighbours and sending 3rd party agent without following the RBI guidelines? For how much damages?
Thanks in advance.
