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Balasubramanian (engineer)     04 August 2012

Legal consultation- dispute with bankl

Dear Sir,

I hold account in ICICI bank since 2005 and the account is operative since then. This week my account balance showed negative balance of Rs.14, 0000 and 4,000 was already detected from the  funds already available. When i enquired the details with the bank, the bank people told that i hold a loan of Rs.40,000 and I have not paid the remaining of Rs18,000/- I have no clue of the above said loan and i was told that the loan was availed in 2006. Even if i have availed the loan the bank has not reported to me since then nor it is reflected in the online transaction. 

Grateful for an advice of the legal action i could take in this regard. 

Thanks in advance,

Bala



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 August 2012

First of all take all the details of the alleged loan from the bank as to when it was taken, for what and within what period it was payable also date when the payment became due. The bank cannot just deduct amount from the account for some time barred debt  at any time as per their sweet will. 

Mamta Rani (House Wife)     06 August 2012

I am 72 Years widow. My Husband has taken loan of Rs. one Lac of Rupees from M/s Bihar State Housing Co-Operative Federation Ltd., Patna through the society M/s Nav Jeevan Sahakari Griha Nirman Samitee Ltd., Baridih, Jamshedpur (Regd. No. 4 May 1987 (singh)). My husband has regularly paid his EMI of Rs. 4180/- (Rupees Four Thousand One Hundred Only) to the society. The payments were done through the cheque, Demand Draft & Cash. We have receipt of EMI payments which were issued by the society. We also have the bank passbook which shows that amount of EMI were debited from my husband account and credited to the society account. This is primarily society responsibility to transfer the money to the bank which was collected from society members. But unfortunately the money was not transfer to the Bihar State Housing Co-Operative Federation Ltd., Patna account. After few years later the society was collapsed and the president was charge for corruption and sent to jail. At the time of suspension the society was taken over by Asst. Registrar Co Operative Society, Bihar. After few months again the election was conducted in supervision of Asst. Registrar Co Operative Society, Bihar and formed a new society. We have written mail to the new elected secretary along with evidence of payment and requesting him to hand over the detail of the payment to M/s Bihar State Housing Co-Operative Federation Ltd. Initially they have not responded to our mail. After continuous follow up, we have received a mail from them stating that old society has not handover any documents to the elected society. So, they were unable to send the payment detail to the bank. On 26/06/2003, we have received a mail from M/s Bihar State Housing Co-Operative Federation Ltd. through Registrar stating that we are defaulter and not paid our EMI. We have appeared in the court of registrar and produce all the evidences, receipts of payment received from society and bank passbook shown that EMI has been debited from my husband account and credited to the society. After seeing and convinced by all the evidence, the court has given decisions in our favor. My lawyer sends the copy of decision to the bank and society and requested them to issue NOC to us. But till today the bank has not taken any action or bothers to communicate to us. On November' 2012, my son went to Patna and visited M/s Bihar State Housing Co-Operative Federation Ltd. He met the concerned person and surprise to know that they were not aware or received of the judgment copies which were sent by my lawyer. My son showed the Speed Post acknowledges receipt which shows the deliver of the documents. My son again handed over the copy of judgment  with fresh request for bank NOC. After one and half month later the M/s Bihar State Housing Co-Operative Federation Ltd., Patna has sent a requested to their zonal office Ranchi and instructs them to provide the repayment status. If the Zonal branch has the updated loan accounts of ours, then why they had dragged us to the court. I think we are trapped in to a vicious circle. On 15th of January 2012 advertising number 03/2012 the Bank has published defaulter list in local newspaper. We are surprised to see that my husband name is  appeared in that list.

Can you please suggest how we can get NOC from the Bank and can we lodge case of to the bank and mental harassment to the bank ?

Sudhir Kumar, Advocate (Advocate)     09 September 2012

From your descripttion it appears that you believ ethat loan was not taken by you.  If that is the case please say so clearly so that future advise could be given

Mamta Rani (House Wife)     10 September 2012

 

Sir,

 

As I mentioned that the loan of Rs. 100000/- (One Lacs o Rupees) taken by my late husband . The EMI o Rs. 4180/- was duly paid to M/s Nav Jeevan Sahakari Griha Nirman Samitee Ltd., Baridih, Jamshedpur (Regd. No. 4 May 1987 (singh)). The remaining last two EMI were paid to bank as per order of the learned court of certificate officer cum Assistant Registrar Co. Op. Societes Jamshedpur passed on 07/06/2008 in Cert Case No. 17/2006 field by the Bihar State Housing Federation Ltd. The judgment clearly state that to issue me the NOC and other mortgage document to me.

Sudhir Kumar, Advocate (Advocate)     10 September 2012


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