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Alexander Shuklauddin   24 November 2024

Can credit card division acquire the proceedings from auction

Since more than two years I have been suffering from severe ulcers and that has caused me to become really weak and dependent. In the interim, my mother got stage 3 oral cancer that cost a ton of money and has left us bankrupt. 
While this was going on, the bank took possession of our property and has completed auction and has received the money for the same as well. They have received an excess of roughly 5 lakh rupees from the auction.

Now I also have a credit card from the same bank whose dues with accumulated interest has gone above 5 lakh rupees and a lien has been levied on my bank account with the same bank. 

Should I even bother to appeal for a refund of the excess amount received or will the cards division of the bank confiscate that money? The T&C of the credit card didn't state anything about confiscating assets for recovery of card dues. 



 5 Replies

Dr. J C Vashista (Advocate )     24 November 2024

These are two different accounts maintained by the Bank (may be same bank), which cannot be clubbed togather to recover the outstanding amount from surplus of proceeds of mortgaged property.

Contact bank manager for amicable settlement otherwise move to concerned DRT / DART through your lawyer.

T. Kalaiselvan, Advocate (Advocate)     24 November 2024

The bank may adjust the balance amount towards the credit card dues from you, you cannot prevent them from doing so.

P. Venu (Advocate)     24 November 2024

To understanding, the credit card cannot be recovered from the excess auction amount kept in deposit, but they are entitled to have lien over it. 

Alok Shukla   07 January 2025

In the end what happened was that, I raised an Ombudsman complaint and then this bank seems to have traced my card account and also an old bank account that I had not closed. They levied a lien on that account and then transferred the funds into it. After that when I requested CC division to give me some monthly payment option, they have ignored my query and are excited to locate funds in the savings account and are saying they will debit it towards card dues within 7 days. I had clearly stated the account details into which I want the refund to be processed. 
See one issue here is that this lender's accounts weren't a part of the parent bank until approx 2024 July and the auction had been done in 2024 May itself. So transferring it into the card account of the parent bank implies they technically didn't refund me my money. 

T. Kalaiselvan, Advocate (Advocate)     07 January 2025

If you have evidence to prove their wrong and illegal appropriation of your money you can sue them through civil court and recover the amount.


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