I am one of the regular visitor of Lawyers club, even in past I have posted my queries and even got lots of valuable feedback on the same.
Now again I need some suggestion and guidance from the panel members for the below issue.
My father was one the employee in Canara Bank, he was serving in the clerical cadre. In the year 2009 due to some Multiorgan Failure he died. After two to three months we tried to apply for job on the Compassionate Basis, which was also denied stating that in Bank sector there is no such scheme and though you can apply for the Ex-gratia, at that time we thought we will approach some higher officials and even that also failed.
In the mean time they (Bank Officials) were in the process of Full and Final Settlement and finally they invited us and told that the full and final settlement has been done, later they took signatures of our family (Myself, my mom, two sister and brother) on some papers and handed over the cheque.
And even it was informed to us that since my father availed personal loan, after all the deduction they have arrived for final settlement (Nearly Rs.3,50,000/-) even at this time we requested for the Job but it was denied and they offered the Ex-gratia, which we were not willing to accept.
We kept on trying for the job repeatedly we sent several request letter and even we visited personally to the Circle Office and there was no fruitful reply from them.
Later one after one harassment started from the Bank authorities like.
1. After handing over the Full and Final Settlement, they insisted that we can deposit the cheque in the same bank (another branch) so that the amount we will safe and we will get good interest.
2. In the year 2010, it was really shocking to us that the amount which was deposited in my mother account was debited (Rs.1, 00,000) stating that it was the recovery of your Husband loan amount, when we approached the Bank officials then also we didn’t get any satisfying reply.
3. We were in the hope that we may get Job on Compassionate basis, so even we didn’t make this as an issue and also we didn’t apply for Ex-gratia amount during that time also, but kept on writing request letter.
4. In the year 2012, we got another shock that we need clear another loan amount of Rs.60, 000/- stating that it was also availed by my Father (which he had taken in some Canara Bank Society as per the Bank officials).
5. At this time also we didn’t take any legal opinion and we concentrated on our livelihood and also my mother was arranging for the marriage of my sister.
6. We sent one more request letter in the end of year 2013 that anyhow the job is being denied kindly release the Ex-gratia amount of my father.
7. After few months that is in the beginning of 2014 we got a letter stating that you have crossed the time limit and you are no more eligible for the Ex-gratia now.
8. Now, in the month of Sep-2014, again we got a letter stating that clear the amount immediately or Legal action will be taken on you, since you are the legal heirs.
Respected Members,
1. Now is it not against the law that after stating the Full &Final has been done and after arriving final figure again deducting the amount as loan recovery.
2. Moreover the amount was debited to my mother account without intimating my mother or the legal heirs.
3. Is it not against the law to send Loan recovery intimation letter after two years of my Father Death for another amount?
4. Why they didn’t inform us initially about the time limit to apply for the Ex-gratia and later it was denied.
5. Again after four years they are harassing us to re-pay the loan why didn’t inform us during the Full&Final Settlement, is it not against law.
We would like to know whether they will be harassing us till our death for the money like this even they denied the Ex-gratia and also in Full and Final Settlement (they deducted Rs.1, 00,000 as recovery of Loan).
Kindly suggest us, what legal option is left for us now.
REGARDS,
VIJAY
