Not getting noc fro bank
Mamta Rani
(Querist) 25 August 2012
This query is : Resolved
My Husband Late Sri Surendra Sharan Singh has taken loan of Rs. 1 lacs of Rupees from M/s Bihar State Housing Co-Operative Federation Ltd., Patna through society M/s Nav Jeevan Sahakari Griha Nirman Samitee Ltd., Baridih, Jamshedpur. My husband has regularly paid his EMI of Rs. 4180/- (Rupees Four Thousand One Hundred Only) to society. The payments were mostly done through the cheque. We have receipt of payment which was issued by the society after accepting the EMI cheque. We have also bank passbook which show that amount of EMI debited from my husband account and credited to the society account.
The amount which we had paid to the society was not transferred to the bank. Transferring amount is primarily the responsibility of society which was not done. After few years the society was collapsed and the president was charge for corruption and sent to jail. After few months election was conducted and new society was formed. We have written mail to new elected secretary with evidence of payment and requesting them to hand over the detail of the payment to M/s Bihar State Housing Co-Operative Federation Ltd. After lot of follow up, we have received the mail stating that old society has not handover any documents to the elected society. So, they were unable to send the detail of payment 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 evidence, receipts of payment which we had received from society and bank passbook which showed that EMI has been debited from my husband account and credited to the society.
After seeing all the evidence the court has given their decisions in our favor. My lawyer sends the copy of decision to the bank and society and requested them to issue NOC from bank. After so many years of follow up the bank has not taken any action.
On November’2012, we had given fresh request for NOC and the copy of judgment to the bank and request them to take necessary action. After one and half month 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. On 15’Th of January 2012 advertising number 03/2012 the Bank has published defaulter list in local news paper. We are surprised to see that my husband name was also appeared in that list.
Sudhir Kumar, Advocate
(Expert) 10 September 2012
It appears that your husband was the loanee and it was his responsibility to pay the loan. Hre has been (as apparent from your descritpion ) been cheated and breach of trust committed against him.
But loan shall hav eto be paid and you may recorver the same fromsociety by civil suit.
Criminal suit will lie personally agains tthe office bearers who had embezzeled.
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