ranjeet 14 June 2015

Withdraw my fund in new account against time barred credit

hello i have creadit card since 2006 with a private bank , last payment 2009, then card blocked by bank & then after no payment , no sign any document , no demand received . in 2015 i open a new current account ( ownership firm) in same bank . bank hold fund in said new opened account & server notice regarding credit card dues , and after my reply that it is time barred case & my account not mortgage & any where attached with credit card , u cant hold my new open account , bank after receiving reply withdraw amount against credit card payment dues. in this situation can it apply ipc 409 against bank self withdrawal amount without my consent can i recover my withdrawal money through consumer court

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Adv Akhtar Ali Sheikh (Property Law Consultant) 15 June 2015

It would be tough battle, being time barred under law and creditor having disability of not proceeding against you is one thing but your foolhardiness of entering the bank's den is another. Legally you cannot do much.

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ranjeet 15 June 2015

Dearsir

i always  Enjoying  tough battles , because its give me more & More experience ,

if possible can u PLZ explain  me that if credit card dues is time barred , & my new account is open after 3 year of time barred ( 6 year of last tranjection) .
* can bank have right   to self withdrawal amount without my concent.
* can a credit card payment forcely recover an account which not attached in said credit card in any manner.

* credit card dues is a unsecure loan . how bank forcely withdrw unsecured loan payment
from a new open account , because account not mortgage & any where attached with credit card
* IPC 409 clearly say that a banker if mischeif or crimanal breach of trust in any account lible to punished ipc 409

could u give any advise ..plz

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 08 August 2015

1} Before proceeding criminally or to consumer court, make yourself very clear that you are aware of the conditions for which you signed for credit card

2] You also doubly make it sure that you have opened an account in same bank and conditiones incorporated overleaf of the papers signed by you.

If neither of above is going against youk, go ahead in Consumer Court but not in Criminal court charging Bank for your default of refund of Bank credit.

Hope will appreciate