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Alexander Shuklauddin   24 November 2024

Can credit card division acquire the proceedings from auction

Since more than two years I have been suffering from severe ulcers and that has caused me to become really weak and dependent. In the interim, my mother got stage 3 oral cancer that cost a ton of money and has left us bankrupt. 
While this was going on, the bank took possession of our property and has completed auction and has received the money for the same as well. They have received an excess of roughly 5 lakh rupees from the auction.

Now I also have a credit card from the same bank whose dues with accumulated interest has gone above 5 lakh rupees and a lien has been levied on my bank account with the same bank. 

Should I even bother to appeal for a refund of the excess amount received or will the cards division of the bank confiscate that money? The T&C of the credit card didn't state anything about confiscating assets for recovery of card dues. 



Learning

 3 Replies

Dr. J C Vashista (Advocate )     24 November 2024

These are two different accounts maintained by the Bank (may be same bank), which cannot be clubbed togather to recover the outstanding amount from surplus of proceeds of mortgaged property.

Contact bank manager for amicable settlement otherwise move to concerned DRT / DART through your lawyer.

T. Kalaiselvan, Advocate (Advocate)     24 November 2024

The bank may adjust the balance amount towards the credit card dues from you, you cannot prevent them from doing so.

P. Venu (Advocate)     24 November 2024

To understanding, the credit card cannot be recovered from the excess auction amount kept in deposit, but they are entitled to have lien over it. 


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