Can a suit filed in consumer court against bank when a co-op bank has filed summary lavad case
kishorchandra p mehta
(Querist) 13 July 2015
This query is : Resolved
Sir,
My friend was employee of co-op bank and had raised home loan under staff housing loan where there was no mention about fluctuating rate of interest. Bank had made various changes in rate of interest to public from time to time but staff homeloan rate was unaffected. When he resigned his home loan interest was revised and documents were executed accordingly the instalments were paid regularly till date but still bank revised rate again with retrospective date of his resignation and filed
sumary lavad suit against him to payup the arrears arose due to revision.My friend had written to bank that it is illegal.But still bank has proceeded legally. Now under this circumstances, can he approach consumer court, pending the summary lavad case. Kindly would anybody guide me. Thanks.
Advocate Kappil Cchandna
(Expert) 13 July 2015
Sir,
Tell your brother to read the clauses when he must have taken loan, because there could always be a possibility that he should not have been resigned while the loan is not paid because if that being so, the bank can seek retrospective change in that ....
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 13 July 2015
The case is in court and he should oppose the claim legally on the basis of the agreement entered.
Kumar Doab
(Expert) 13 July 2015
You have posted that:
"When he resigned his home loan interest was revised and documents were executed accordingly"
What exactly do you mean?
Did you sign the papers for revised T&C on interest rate?
If yes then how can you agitate?
Pls clarify.
If bank has approached a forum for its grievance and claim then why can't you approach consumer forum if you have not papers for revised T&C on interest rate?
kishorchandra p mehta
(Querist) 21 July 2015
Reply from K.P.Mehta.
First of all, I thank you all sarva shree
1)Kapil chandna, 2) Rajendra K Goyal &
3)Kumar Doab, for guidance.
Reply to shree Kapil chandna: sir,There was no clause as regards repayment of loan before resignation and bank has not quoted any such clause while filing suit.
Reply to Shree Rajendra K Goyal: Sir,In which forum I should approach for opposing the suit, whether a)Consumer forum b)District court or any other forum
Reply to shree Kumar Doab: Sir,while entering into agreement for accepting rate of interest @ 9.75% (after the date of resignation) there was no clause authorising bank to give any retrospective effect of above rate of 9.75% from beginning of the loan. On the contrary bank, on its letterpad had infomed on 11.2.2009 that the rate of interest is revised to 9.75% with effect from 1.4.2008. Under this circumstances in which forum my friend should approach.
Of course,thereafter, on 3.11.2010,bank informed in writing that the rate of int.is revised to 13.75% from the date of resignation i.e.1.7.2006, to which my friend strongly opposed in writing per his letter dtd 7.12.2010 stating therein that it is unacceptable and illegal.
Under the circumstances, how and where to approach. I would be highly oblilged if guidance is given. Bank has filed suit on 13.3.2015. Will there be any time limit within which I should oppose the suit ?
Thanks. K.P.MEHTA.
