Bank not providing information under rti act
Bharati Agarwal
(Querist) 24 November 2016
This query is : Resolved
My late Husband was a Director(without any share holding)in a company which has taken loan from SBI.My husband was a gurantor to this loan to the extent of our residential flat which was his self acquired property which now has is iinherited by me me, my daughters and mother-in-law.
SBI is issuing various letters, notices to us for the total loan amounts whihc is much much higher than value of our flat.We did not sign and execute any documents after death of my husband.We do not have a single related paper of this loan etc and is not provided by the borrower also.
We have submitted requests to SBI under RTI Act but they do not respond at all.We have approached in writing to the higher designated Appleate Authority,i.e. GM level, but no response at all.
We are helpless to defend us in absence of any documents, paper,etc.The Bank Official and borrower has found us soft target and exploiting us.
Please suggest remedy.
We can afford legal expenses at any forum.
Rajendra K Goyal
(Expert) 24 November 2016
Send registered AD letter followed by email to provide you copies of all documents of loan, upto date account statement from the date of loan.
If no action, send e-mail to Bank chairman, chief General Manager, grievance cell, Regional Manager of the Bank at weekly interval.
In case of need send legal notice to all.
File application with Banking ombudsman.
Can file second appeal of the RTI. It is my experience, decision of second appeal may take months due to rush of appeals with Central Information Commission.
Kumar Doab
(Expert) 24 November 2016
You have posted that:
"My husband was a gurantor to this loan to the extent of our residential flat which was his self acquired property"
My hunch is that bank is maintaining studied silence since it has to recover entire debt..............and as lender it want to apply all tricks of the trade and in its kitty to recover.
Bank is under obligation to supply all docs e.g; Loan application, loan brochure, loan agreement, loan statement, documents collected from borrower/guarantor etc etc...............
In addition to M/s SBI you can escalate to RBI..................
I am sending you the contact details.
Kumar Doab
(Expert) 24 November 2016
The contact details of M/s SBI should be available at its website, office, IBA website.....
cherukuri prasad
(Expert) 25 November 2016
Banking ombudsman can solve your problem
Sankaranarayanan
(Expert) 25 November 2016
yes well advised by mr Goyal, find the solution by hierarchy manner, if you failed then seek the solution by way of petition to Ombudsman
Rajendra K Goyal
(Expert) 26 November 2016
Thanks for agreeing expert sankar narayanan .
Guest
(Expert) 27 November 2016
You may proceed with as advised above. Further you may also show those notices and letters to the advocate of your choice who deals in Banking matters and take guidance. There are remedies available under DRT Act under which then bank may be obliged to file an affidavit stating facts.
Regards
Rit Arora
Advocate
7838737001
Rajendra K Goyal
(Expert) 13 December 2016
If the Bank is not providing information send legal notice to Manager, AGM, DGM, CGM and chairman.
Please visit following link:
http://www.bcsbi.org.in/FAQ_Lending.html
Banks are required to give the borrower authenticated copies of all the loan documents executed by him / her along with a copy each of all enclosures quoted in the loan document.
Kumar Doab
(Expert) 13 December 2016
BCSBI is a watchdog and members are under obligation of comply with codes set by BCSBI......
You can also approach Code Compliance official. Download from M/s SBI, BCSBI.
However the RBI being central bank can issue guidelines that have statutory force.
