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mahinder kumar (law adviser )     01 April 2009

can i can move to legal action

I HAVE TAKEN GOLD LOAN OF RS.90000/- FROM PVT. BANK. NOW BANK HAS SOLD THE GOLD WHICH WERE WORTH OF RS.560000/-. ONE NOTICE WAS SENT TO MY EARLIER ADDR. BY ADVOCATE BY SPEED POST.IN OCT.2008 AND WITHIN 15 DAYS THEY SOLD IT. NOW THEY R NOT GIVING THE DEATAILS OF RECOVERY AMT. AND ACCOUNT ALSO.IT IS HAPPEND IN 22.10.2008. FROM THIS DATE I IM IN FOLW-UP- BUT NO RESULT.

WHAT I SHOUD DO IN COURTS/COSUMERS COURTS ETC.



Learning

 3 Replies

Y V Vishweshwar Rao (Advocate )     01 April 2009

Mr Mahinder !


You have availed the Gold Loan, this fact is admitted 


You have recived  a Notice on bhalf of the  Bank ,


whether any reply /representation is given by you  to the bank /or not is not  mentioned   .-You should have replied the Notice .


However  the  Gold articles are sold , the particulars  are not  given by Bank to You .


You are suggested   to address a letter to the Bank requring  the Bank to furnish all the details of the Gold Laon  Account  and Security sold ,  Sale proceeds , and its appropriation  by Bank towars repayment of the Gold Loan Account  and any surplus amount remained with the Bank  payable to you .The Dates of Notice/s and date of Sale etc- particulars are not mentioned in you query . 


After receiving a Letter /reply from Bank you can properly take a decision regarding going to Consumer Forum / or Court .

Swami Sadashiva Brahmendra Sar (Nil)     01 April 2009

you may go to forum or file a suit for accounts.

B.N.Rajamohamed (advocate / commissioner of oaths)     02 April 2009

The fault on your part is that, whenever you apply for a loan you must give your porper address for communication and while you are under the committment you must intimate the concerned bank as to the change of address if any. Which you failed it seems. The notice sent to your former address is valid.


Regarding the response from the private bank about your details of account it is better you move the Reserve Bank of India and you send a complaint to the Deputy Govenor Of Reserve Bank Of India at mumbai agaist the lender private bank. You can get the address and Fax number through Internet by logging in to www.rbi.org.in    


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