Related to drt judgement
Ajay
(Querist) 15 July 2012
This query is : Resolved
Dear sir
We have filed an SA in DRT court bangalore,We have paid many instalment after issue of 13/2 notice,even than bank issued 13/4 notice,we ask to resturcture our loan bank refuse to restructure our loan,even no alarm letter were issued by bank to us that if we fail to pay loan our account become NPA,once a letter was issued to pay 1.92 lac before 30th october 2009 but we paid 1 lac on 30th october and another one lac on 31st october,We submiited AP high court judgement copy in DRT court that once 13/2 notice issued and if bank collect instalment than bank cant issued 13/4 notice,
ALL OUR CONTENTION WERE NOT TAKEN INTO ACCOUNT AND HONABLE DRT COURT BANGALORE GIVE JUDGEMENT AGAINST US AND ACCEPTING BANK ALL CONTENTION,IN HIS JUDGEMENT DOURT EVEN DID NOT MENTION WHY OUR ACCOUNT BECOME NPA NEITHER AP HIGH COURT JUDGEMENT WAS DISCUSSED
IF WE MOVE DRAT THAN DRAT MAY ASK TO DEPOSIT 25%,IF WE HAVE MONEY THAN WHY WE HAVE PROBLEM WITH BANK,WHAT IS SOLUTION WITH US
Devajyoti Barman
(Expert) 15 July 2012
Now you have only option of challenging it to its Appellate Forum.
Ajay
(Querist) 15 July 2012
APPELATE FORUM WILL ASK TO DEPOSIT 25% OF LOAN AMOUNT WHICH IS TOUGH FOR US
c.p.s. ramachary
(Expert) 15 July 2012
Normally banks do not take hasty action. The action was taken in your account because you have failed to pay in spite of a chance given to you. Your payment must be made within the time you were advised by the bank an not at your convenience. Instead of paying court fee, Lawyer fee and incurring unnecessary expenditure, you may approach the zonal manager in the bank and be ready to pay the defaulted dues together with interest for the delayed period plus penalty @ 2% at simple and get your account upgraded. If the bank does not agree with your proposal, then you have no alternative except to approach DRAT.
Ajay
(Querist) 15 July 2012
sir bank never issue any letter to pay payment,we were paying payment and we were trying that no payment get over due beyond 90days,we were paying interest and instalment within 90days,we are into building material business,we face severe reccession during 2008-09 and requested bank to cooperate for 6 month in payment but refuse to give any concession even for 6month,bank never issued any letter to us that if we fail to pay money our account become NPA,they directly make our account NPA and which was actually not NPA.
We will fight till supreme court to get justice what ever be the consequences,AP high court has clear judgement that after issue of 13/2 Notice bank cant take instalment to issue 13/4 but my bank has collected many instalment and interst portion also,even they took instalment on 15/3/2010 and than issued 13/4 notice on 25/3/2010 which is not consider by DRt court,Hence we now decided to fight till SC and wait judgement
Ajay
(Querist) 16 July 2012
sir,I have very high hope from our Judiciary specially from high court and Supreme court because they are free from finance ministry and i know i will get a judgement from those court with compensation.
recently our ex finance minister has called a meeting of DRT and DRAT honorable judges and ask them to give judgement in favour of bank to recover money irrespective of law,it clearly shows that DRt and DRAT is directed to without going into actual fact and law just to favour bank,so how can we expect justice.
Recent business standard article shows 49 LAC account are NPA,without bank fault how can such huge NPA form,
Bank has been given a tool in the form of sarfesi act 2002 with backing of DRt court and misusing along with blackmailing borrower
Nadeem Qureshi
(Expert) 17 July 2012
DearAjay
if you think about the SARFAESI Act, the main object of this act is protect bank money and only purpose of this act is recover the bank due.Bank money is also public money you know very well, if there is any misbehave with the system and the bank is doing act with whims and illegally, you can go before the court and fight according to laws.
Feel free to call
Ajay
(Querist) 17 July 2012
sir
sarfesi act is made to protect bank money and bank is public money true,but when bank doing business like charging abnoramally specially with middle class peaple,and officer for personal ego and satisfaction makes account NPA without considering borrower problem than also sarfesi act along with DRT court favouring without going into fault of bank.Pvt bank special hdfc,icici are major trouble maker as their is no check and balance and they manage well RBI also.Further as per my knowledge Pvt bank money has not been consider as public money.If pvt bank money is public money than all public limited compnay running should also be covered under sarfesi act and their dues with customer should be recovered as per sarfesi act because public ltd company also borrow money from public
