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Two wheeler loan

(Querist) 09 March 2013 This query is : Resolved 
I was taken 2-wheeler loan from HDFC Bank, they directly handover the amt. to Dealer not me,i paid down-payment,the bank's executive handover me vehicle and Bill,same day after down payment to the Dealer,but when i recive vehicle registration certificate through Dealer my vehicle was Hypothicated to the ICICI Bank,HDFC not corrected it and it was continue,i was given cheque to HDFC for E.C.S facility to deduct monthly emi's from my A/c. almost e.m.i's are paid, now i came to know, that bank has registered 138 case against me in 2010,but so far i have not received any notice from bank regarding outstandings or summons from court.what step should i take now ?

Nadeem Qureshi (Expert) 09 March 2013
Dear Rahul
First of all you filed a complaint before consumer court against dealer and complaint against the HDFC bank in Bank Ombudsmen for negligence, secondly if there is no payment is due on you there is no cause of action arise to file a case u/s 138 of NIAct, if the bank filed any case against you before that the demand notice is mandatory.
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ajay sethi (Expert) 09 March 2013
if bank has filed 138 NI case against you go and meet the concerned officers with copy of your account statement . draw attention to the fact that all EMI have been paid through ECS .bank will with draw 138 Ni case . it appears to be a communciation gap . dont move consumer forum . try to settle with bank .
Raj Kumar Makkad (Expert) 11 March 2013
The practical aspects of the matter have already been told to you by Sethi so follow and get the desired results.


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