can we file complain against bank under cyber law
Ajay
(Querist) 19 January 2011
This query is : Resolved
HDFC bank has made our account NPA in october2009,they issued us 13(2) on 29th december and 13(4) notice on 26th september with paper publication also.Bank has taken instalment of home loan in october,november,december,february,march and taken full interest of cash credit loan on 31st octber and than taken full interest on 27th january 2010,so according to me my account does not get NPA.and that too after issue of 13(2),they have accepted Istalment as well as interest.can we file case against bank under pre- mediatated electronic crime under cyber law
Virender Negi
(Expert) 20 January 2011
Dear Ajay, since the action of the Bank is under SARFAESI Act, your remedy is to approach the DRT under section 17 of the SARFAESI Act. However please note that once a 13(2) notice is issued, your liability stands to the full payment of amount mentioned in the notice. deposit of installment doesn't release you of the demand under the said notice. its discretion of the bank to regularize your account. the Bank can always insist on making full payment of the the demand notice and in failure proceed under section 13(4) by taking possession of the secured asset (mortgaged property).
Ajay
(Querist) 20 January 2011
i would like to inform you that once notice under section 13(2) and even if instalment is accepted than bank should not issue 13(4) but in my case they issued 13(4) notice also,AP High court judgement of 2010 clearly says once instalment accepted than that acount can never be NPA it became either standard or sub standard account but not NPA.
R.Ramachandran
(Expert) 20 January 2011
Dear Mr. Ajay,
Why do you think that there is crime under cyber law in this case?
Advocate. Arunagiri
(Expert) 20 January 2011
Send a reply notice with proof of payment.
No cyber crime is involved in this case.
malipeddi jaggarao
(Expert) 21 January 2011
If you have regularised the acount by deposting total overdues after serving notice under Sec.13(2), Bank will not proceed further under Sec.13(4) of the Act. If you have paid only part amount of the total overdues, it reserves it right to proceed further. It can accept the part-payment made by you without prejudice. In any case there is no cyber crime involved as Mr.Arunagiri rightly pointed out.
