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Request for giving advise.

(Querist) 24 February 2016 This query is : Resolved 
The Bank fraudulent issued cheque amounting to Rs. 20,0000/- in the name of unknown Pooja furniture with any quotation and without intimation to the applicant and now demanding Rs. 70,000/- after 15 years. The bank has not available any quotation from Pooja Furniture and no purchasing bill/invoice from Pooja furniture. the bank has getting signed on Demand Notice and Bone by the applicant.

Actually the applicant taking loan from bank in 2007 and repaid in 2007 and NOC is received from bank.

Thereafter, the applicant getting another loan of Rs. 20,000/- and the bank imposing Rs. 70,00/- with interest after 15 years notice is being served to the applicant by way of fraud and not getting by the applicant and issue cheque in favour of unknown pooja furniture.

After repeated request the bank is ready to verify the original loan documents of the outstanding loan to the applicant. But after verification loan documents the banks integrity in doubtful because the bank officials produce the documents without any date which is already signed by the applicant in old record of loan which NOC has been obtained.
After repeated requests the bank is not ready to show/verified the original loan documents in which NOC received and intimate that Chief Secretary has issued notification/instructions that the after three years all the loan records of 2007 (NOC received) has been destroyed and is not able to show/verify the original documents of the getting NOC bank loan.

What can I do in this matter.

Kindly advise me.

thanks.
ROHIT SHARMA (Expert) 24 February 2016
1. Reply to the notice that it is time barred for to make demand of the loan after fifteen years.
2. Nothing to worry. If they go to court then face the trial with ease and confidence. You have enough of evidence that the amount of the loan of Rs. 20, 000.00 was not dispersed to the applicant as the cheque was drawn out in name of some one else and you have the N,o.C, of the earlier loan being paid up by you and the account closed.
Rajendra K Goyal (Expert) 25 February 2016
Your story is full of doubts and clear facts have not been mentioned /not revealed.

Whether during these 15 years Bank ever send you notice for this loan account?

During these 15 years, were you aware of the loan account?

Have you asked for the statement of the loan account?

Whether you have deposited any money during these 15 years?

Did you approached Bank for this loan at that time?

If the Bank is Public Sector, use RTI to get information.

If you think that the Bank official misappropriated the amount lodge complaint to Head office of the Bank and in case of need lodge police complaint.

However, it seems you are hiding facts, this is not court to decide, this section can advice you beneficially only if clear facts are available.


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