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Bijoy Bhattacharjee (Partner)     06 May 2011

Can I file compensation case against bank

Dear Sir,

 

In 25-04-2009 United Bank of India, Dharmanagar branch sanctioned a car loan of amount Rs.95000/- for TATA NANO. But due to my business expansion on June 2009 I applied for cancelation for TATA NANO booking. But after verbal request to bank manager to issue a no due certificate he replied need to wait for realize of booking amount from Tata Motors and bank processed the same application to Tata Motors on 29-07-2010. Tata Motors realize the booking amount on 29-10-2010 and now I liable to pay the interest for whole period. Then I move to RTI Act 2005 for copy of application for cancelation of booking on 03-02-2011 to AGM & CRM Tripura and 19-02-2011 again requested to Branch Manager to issue a no due certificate after deducting the interest amount upto 31-07-2009 from my SB a/c in the same branch by a letter. Because at that time my partnership firm applied for cash credit loan from SBI & HDFC but both required no dues certificate. After not receiving any reply of my letter under RTI Act 2005 I e-mail to GM then to Chairman for information and on 04-05-2011 (After three month) I received the reply with incomplete information and pressure me to pay the whole amount of interest. On 05-05-2011 I again wrote Branch Manager for not to harass to me and issues a no due certificate after deducting the interest amount as per my calculation and I will not pay any amount due to his negligence on duty and send the copy of the same letter to AGM & CRM Tripura of UBI, District Magistrate & Collector of our District, Sub Divisional Magistrate of our sub-division. As a result is in same day i.e. 05-05-2011 at 5.10 pm bank deducted interest as per my calculation from my SB a/c and issued a no due certificate in favour of me.

 

Now, due to delay & bank negligence I had face big loss in my personal business and also in partnership business. For non sanctioning cash credit loan by SBI or HDFC due to no due certificate from United Bank of India, I have lost the faith of my creditor, even I was bound to clear stock with a high percentage of discount. Now my question is can I file compensation case against bank, if yes how much amount or what is the parameter to calculate the compensate amount.

 

Regards



Learning

 1 Replies

pervez (adviser)     06 May 2011

You have discussed two different issues.. For filing compensation petition, you have to prove in the court of law that the loss was on account of dealy in processing yr request.. There has to be direct nexus between the two legal issue. The principle of remotness of damage / loss, as defined in Indian Contract Act, would apply....


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