I have two limits from a nationlized Bank. One was taken around in 2009 amounting to Rs 200000/- aginst mortgage of property.The then Bank officialls misused that limit and made transactions for more than 6000000/- and ultimately fraudulantly withdrew Rs275000/=-. Despite my repeated requests th Bank did not care to return the money.Then I had no choice than to go to Consumer Court.For the purpose I requested Bank under RTI Act to give me all documents signed by me for availing the limit. In return, the Bank gave me 7 (seven) documents marked from serial number 1 to 7. Which includes four pages of Proposal made by the Bank having false facts about me (about the Date of this, I will explain in last paragraph), one promissory Note, One stamp paper on which a very small paper is affixed and photocopy of my Pan Card. There is no AGREEMENT in it
When the notice was issued, the bank immediately wokeup and creited back the amount and interest thereupon and in writing appologised for the misconduct.This all was done out side the court and a compromise was submitted in the court. Since I am a customer of the Bank for the last around 35 years, I let them go thinking ultimately wisdom has prevailed upon the Bank officials and they have admitted its fault.
It will not be out of place to mention that rate of interest was agreed 2% above the Bank rate with minimum 14.25% PA, in the Promissory note, which later on was overwritten as BPLR in place of Bank rate and that cutting was not got confirmed from me.The promissory note was printed one and only 2% was filled in it.
The bank started charging slowly started charging me interest upto 18% PA payable monthly. I may mention that it was a Cash Credit Limit( for which the Bank has given me the Certificate also) and I never defaulted in the payment of interest.
I wrote "N' numbers of letters that why Bank is charging so higher rate from me Burt bank wrote only once that interest is being charged as per Bank's Policy. In the meantime RBI introduced BASE rate in place of BPLR. I repeatedly requested the Bank to link my account with Base rate so that whenever there is reduction in the interest, I may be benefitted.this issue was also raised in my complaint in the consumer court and in the compromise The Bank gave in writing that it will be linked to the Base rate.
Now on one hand Bank writes that we are linking the interest with Base rate and on the other hand it says that this already is as per Base rate.But the Bank is not charging as per Base rate, which at present is 10.20%(Base Rate) plust 2% that is 12.20%. This is as per Banks own website.
Now the ANOTHER very important issue has come up. Besides my mortgage limit,in 2013 the bank offered me a Cash Credit limit of Rs950000/- for my Business which I availed.Some more papers were got signed from me in that limit.in which too I have never defaulted.
Now for the purpose of meeting Bank's own promise to link my previous limit of Rs200000/-,I have approched the consumer court. Here the Bank has replied that interest is being charged as per Bank's policy.In support it has submitted old Circular of Bank where interest rate are shown ( for Mortgage limit) BPLR 12,25% plus 2% =14.25% and Base rate 8% plus 6.30%-14.30% (whereas after that circular interest rate have fallen considerably and now for the mortgae Limit it is 12.20% in total as per base rate.
Most importantly, Bank has submitted my loan documents wherein it has attached some more document ( which apparently has been taken from my New limit's documents) which was not provided to me under RTI and one of the old signed document and these new documents bear the date which happens to SUNDAY.This is how the Bank is fraudulantely behaving
I am a senior citizen and Bank is harrassing me like anything by submitting fabricated documents and not meeting its committment.
My humble request to all senior and learned lawyers and experts is to advice me:
1.Is it not criminally breach of trust by misusing the blank signed documents from one account another account (which by the grace of God bears the date of Sundaywhich shows that Bank is using documents as per it's convenience).Can court take it as Criminal Breach of Trust because THE BANK has done so
2.What is the value of documents which were not provided to me under RTI but later on produced in Consumer court.
3.What about interest Rate. Bank has comiitted it in writing.On one hand it is saying that it is already as per base rate and on other hand it says it will be linked with base rate.
3.What is the legal value of promissory note where Bank rate is over written with BPLR and it is not confirmed from me
I have been told that the present presiding officer of the Consumer Court ordinarly does not pass order against Govt institutes untill there are are clear and to the point Judgements are not produced.
I have copy of judgement of CCI ( Competetion Commission of India where in it has passes a stricture against one Bank holding that the Bank can not be dual faced. It can not charge lower rate of interest from new ciustomer and higher rate of interest fom old customers.
It is hand folded request to please help me on the above subjects to the best of your knowledge with supporting judgements. I will be highly grateful to you
Thanx
Anil
