Shreyas 04 June 2023

Student loan

Dear Lawyers Club India,

I am writing to seek legal assistance regarding the trouble I have been facing with SBI. The constant and unnecessary contact and demands from the bank have caused significant emotional harassment for me. In January 2020, I availed a student loan of 20 lakh rupees for my studies in Canada, originally scheduled to start in May 2020. However, due to the pandemic, the program was postponed to May 2021.

Before leaving for Canada in 2021, I visited the branch and requested my loan handler to restructure my loan to accommodate the new schedule. The handler assured me that I should simply write an email when I receive payment notices, and they would make the necessary adjustments. Unfortunately, I never received any notice via email. Instead, I received a few SMS messages to my Indian number, and subsequently, notices were sent to my house, causing immense trouble and stress for my parents, who were unaware of the situation.

During my visit to India, I provided a letter explaining the situation, but the bank lost it and resumed sending notices. I had to go through the trouble of drafting all the details again and mailing them, clearly stating my expected program completion date as December 2022, followed by a one-year moratorium period. However, despite this communication, they have once again started sending notices to my parents and even deducted 30,000 rupees from my dad's account without any prior notice, despite our accounts not being joint. I fail to comprehend how they could do this, especially since I provided a house as collateral with no mention of my dad's account whatsoever.

I am seeking your advice on whether I can take legal action against SBI. The emotional stress I am experiencing is unbearable, and I am considering pressing harassment charges, especially as several bank officers have even visited my house.

Thank you for your attention to this matter. I eagerly await your guidance and assistance.

Sincerely,

Shreyas

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5 Replies

Niharika Lohan 04 June 2023

Hi Shreyas, I'm Adv Niharika.

In my opinion, the bank is well within its right to do so.

The bank had taken all steps to communicate with you, via sms and notices. It is unfortunate that you were unaware of that, but the bank has done the needful. This is in the case, where your father's account was disclosed to the bank as a guarantee. Considering you had signed upon it earlier.

However, if it was not disclosed, as you have mentioned in your query then in my opinion you have the following options to go ahead with.

Firstly, to bring criminal law into motion, you can file an FIR under sec 403, 405 & 409, IPC against the branch managers and against the officers who visited your home.
Secondly, you can file an application on your own, even without engaging a lawyer before the Permanent Lok Adaalat in your city/district. This is a pre litigation stage, wherein the court will call upon the other party and will try to amicably resolve the matter.

You can also report these series of transactions to the Nodal Officer, along with all documents and evidences.

This opinion is based on the facts that you have mentioned in your query, I can advise with more conviction if I get to read the related documents. We can connect for a consultation. You can reach me via email at Niharikalohan@yahoo.com

Additionally, I'm attaching a relevant thread for your convenient reading. Kindly see.

https://www.lawyersclubindia.com/experts/harassment-from-bank-collection-agency--621596.asp

2 Like

T. Kalaiselvan, Advocate (Advocate) 04 June 2023

Since you are aware of the irresponsibe working system/machinery of the bank staff, it was your mistake for having not followed up properly.

The bank staff who was present might have persuaded you at that moment, but he cannot be held responsible for this debacle which was created by you for having ignored the subject matter after that without follow up..

Well, if your father was not a guarantor then it is the fault of bank to deduct the amount from his account, he can give a complaint against the bank manager either with his higher official or with the banking ombudsman or with the police for the acts of breach of trust, misappropriation and cheating etc besides dragging the bank to the consumer forum.

Now if your repayment program has started then what makes you from not doing it.

You first analyse the issue properly and then consult a lawyer on the basis of the background facts about further course of action whether legal or otherwise.

1 Like

Shreyas 04 June 2023

Thank you very much, Kalaiselvan and Niharika for your valuable inputs. I shall go through the loan approval documents thoroughly again and contact you if I need any further assistance.

1 Like

T. Kalaiselvan, Advocate (Advocate) 05 June 2023

You can revert with your further questions, at the same time you are welcome for your appreciations.