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A vs Bank

(Querist) 09 November 2009 This query is : Resolved 
Dear all,

Please help me to solve the query.

One person called A takes a loan from bank called B and left one house as mortgage against loan with B.



Now B offer to A to get mortaged property insured against which the payment would be effected by B itself which A agreed.



Now due to negligence or say misconception A gives every month EMI including insurance amount and paid all EMI last on Dec 2008. After ten month A realize that he had paid more amount compared to agreed one which A discussed with B. B also agreed and gave its concern but also state that refund of extra amount is against the policy of bank so nothing can be done.



What remedial action are available to A.



Is A can file any civil suit or can he approach any consumer court ?





Raj Kumar Makkad (Expert) 09 November 2009
A can take recourse available either of the two fora.
n.k.sarin (Expert) 09 November 2009
yea 'A' can file civil suit or can approach to consumer court.
Sachin Bhatia (Expert) 09 November 2009
Both civil and consumer remedies are available for A. A can go for either of the two remedies.
adv. rajeev ( rajoo ) (Expert) 10 November 2009
U first issue the notice to the bank regarding the extra payment made by you and instruct them to adjust that amount to ur loan a/c, otherwise you file a conssumer complaint.
Pooja Sethi (Querist) 10 November 2009
If A decided to file civil suit under what act or section he can proceed.


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