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Property case

(Querist) 22 January 2013 This query is : Resolved 
Good morning learned members
Sir my client is a retired school teacher, he had purchased a flat on home loan base. he was paying the EMI reguarly. since few months he had a conflict with the area manger recovery department for the reason of his clarification of his account statement. Now whn my client is sending the cheque of his EMI. THE area manager is refusing to deposit the Emi cheque in my client account. he said he will hold the Emi for 3 months thn show it as a "NPA" account and later go ahead for SAFARSI ACT. AND TAKE OVER MY CLIENT PROPERTY.
now how must i go to save this retired person property. my client wants to pay the EMI but the area manager with a to motive to trouble my client is stopping his payment.
I humbly REQUEST the learned members to guide me , so i can help his aged retried teacher.
thank u
ajay sethi (Expert) 22 January 2013
send legal notice to bank that inspite of EMi cheques being deposited the area manager has refused to credit the same to teachers account . also lodge complaint with OMBudsman regarding the conduct of bank
Advocate Ramesh (Expert) 22 January 2013
Sir,
file a writ and get direction from H.C OR send the EMI through registered post and keep acknowledgement copy.
Devajyoti Barman (Expert) 22 January 2013
It is not so easy. File petition for injunction u/s 17 of the SAFAESI Act if bank send such notice.
Prior to that do lodge complaint with higher authority of the bank.


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