The loan of A has become NPA in the books of XYZ Bank Ltd. A had mortgaged his property (residential house) to secure the loan. In the capacity of Secured creditor the XYZ Bank Ltd initiated proceedings under Securitization Act, 2002. Demand notice was sent to the defaulted borrower A through Regd. Post Ack.due. The acknowledgement card received by the bank is admissible evidence in DRT if the borrower files any appeal u/s.17 of Securitization Act.
After issuing possession notice, the borrower approached court on some cause of action. Among other allegations he raised the issue that he did not receive Demand notice. Bank's counsel submits proof of acknowledgement card of Postal department which consists the "received signature" of borrower A. But the petitioner's counsel rebuts that proof by saying, it is true bank sent a cover which was duly received by borrower A, however inside cover there is only a white paper not a Demand notice.
Hence it is not proved beyond reasonable doubt that the borrower had received Demand notice.
There is no practise of contents of letters being registered by the postal department in India. Only cover is registered. The sender of cover claims certain document is sent. Who will testify that he had put in the document that he is asking the postal department to note in its register? There may be thousands of cases where only covers are registered but contents of the cover are not known to postal department and hence the postal department is not in a position to testify the evidence rebutted by people like A.
