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Passport

(Querist) 09 November 2009 This query is : Resolved 

I had applied for a personal loan from pvt bank.I have filled the application saying i am working in the present company for more than 1 year(actually 3 months) and residing in current residence for 2 years( actually 6 months).I got the loan also. after disbursement they found i have provided wrong information. They have alleged me to have given wrong info and treated it as forgery.No FIR is filed. But they asked me to surrender the entire loan amount immediately.Since already expenses it off maximum , I returned only 40%.The bank has taken my original certificates, Pan card , Passport and laptop.

I am not in a position to pay the entire amount immediately ? how to get back my passport and pancard?
Vineet (Expert) 09 November 2009
File an FIR with police immediately. Bank can have rights over the assets mortgaged or any original documents kept with them till the settlement of dues.

However, no one can attach or take away your passport and PAN card unless acting under authority of law or under directions of a competent court.
sundararajan (Querist) 09 November 2009
Can the bank freeze by passport by filing a FIR and appealing in the court.
adv. rajeev ( rajoo ) (Expert) 09 November 2009
It is wrong act done by the bank, they have no power to take your originals like PAN card, passport and laptop.
It is the mistake of the bank, when you said u r working in the co.,since more than 2 years. At least bank could have asked for your payslip and proof of IT returns filed, but they have not done. It is the mistake that they are deligent.
You issue a legal notice to the bank to return the taken documents immiediately.
No passport cannot be seized by mere filing the FIR.
Sachin Bhatia (Expert) 09 November 2009
File a criminal complaint against the bank in the Ilaka police station.
Vineet (Expert) 10 November 2009
No, your passport cannot be attached merely on complaint by bank. For this thre have to have grave charges against you to the satisfaction of court.

Right now, it's your turn to take the bank to police and court.


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