Sarfaesi act
MD JAMAL MUSTAFA
(Querist) 08 March 2013
This query is : Resolved
A,B,C, three a/c holder A Father 7 lac cc loan a/c , B Son 4 lac cc loan a/c , and C mother 3lac home loan alloted by the same branch CENTRAL BANK OF INDIA. whenever B deposits amounts against the loan but amount credited to the a/c of A . ALL THREE ACCOUNTS have been NPA . POSSESSION NOTICE hv issued against the A and B. ALL THREE ACCOUNTS treated by the bank single account. those hv deposited amount against the cc loans but by yet no separate statement and details hv not given by the bank . i hv corresspondence with the bank but byyet no satisfactory reply given by the bank. Bank authoprised officer always mentally tortured . What to do kindly give me guide line . Where they should go to either high court for writ or appeal in DRT .A B C should file either separate petition or joint petition .CAN ABC also GO TO consumer court IMPROPER SERVICE ALONMGWITH mental torture by the bank
Advocate M.Bhadra
(Expert) 08 March 2013
The Bank authority can club the three account in one NPA,you have only option to file an application u/sec.17(1) of the SARFEASI Act in the DRT.Writ Petition in High Court or filing a Case in Consumer Forum does not lie.
Devajyoti Barman
(Expert) 08 March 2013
If no NPA is declared then go to high court.
If it is declared then go for injunction in high court.
MD JAMAL MUSTAFA
(Querist) 09 March 2013
THANKS but they should either file joint appeal or separate appeal on behalf of the ABC
K.K.Ganguly
(Expert) 10 March 2013
1. It is not clear whether the three account holders have mortgaged same property or different properties,
2. It has also not been informed whether the CC account holders took the limit in the name of three seperate business establishments or not,
3. If they are totally different then the Bank can not club the three accounts in to one and act.
4. When Possession Notice u/s 13(4) of SARFAESI Act has already been issued by the Bank, A & B has the only remedy left before them to file an application u/s17(1) of the Act before DRT praying for setting aside the improper SARFAESI Proceedings and also claiming damages for the mistake made by the Bank. Such counter claim having the aroma of cross suit is ideal in the given circumstances. It is a good case to win before the DRT. All who has got possession notice should file the Applications seperately to establish that these are seperate accounts,
5. Consumer Court can be approached for damages caused for deficiency in service of the Bank in crediting B's payment in to A's account but not for the SARFAESI Action initiated by the Bank.
Raj Kumar Makkad
(Expert) 11 March 2013
Ganguly has represented my views on the subject.
prabhakar singh
(Expert) 11 March 2013
I would also like to share views of Mr.K.K.Ganguly.
