I have settled my credit card dues with the bank.I have received settlement letter and receipt for the same.they have issued me summons thru LOKADALAT.Can I file case of harrassment in a criminal court ?
uday shah (agent) 10 July 2011
I have settled my credit card dues with the bank.I have received settlement letter and receipt for the same.they have issued me summons thru LOKADALAT.Can I file case of harrassment in a criminal court ?
Shaulabh Shah (advocate) 10 July 2011
Hi..
I believe that some time finacial Institute may done some mistake. I think that you should contact the concern person of the bank about your notice of lok adalat...I believe that they will accept their mistake... I also believe that you should not throw unnecessary litigation to the court...
But...
if you not satisfy with the reply of bank then, you should go ahead... You may file a consumer case in this regards...insted of criminal case....
Reply By:- Shaulabh Shah Advocate
Website: www.shaulabhshah.com
Kumar Doab (FIN) 10 July 2011
You have posted that you have received the settlement letter and receipt.
It is believed that you paid the amount mentioned in the settlement letter within the period mentioned in the settlement letter, and you have received the proper receipt under seal and signature.
In your credit report update with credit rating agency like CIBIL, SATYAM etc. the bank shall report settlement which is also not a positive feedback. You should have negotiated for a clean credit report.
As per RBI guidelines, customer can obtain credit report from the bank by paying a fee amounting to maximum of Rs.50/only. You can ask the bank to supply your credit report updated with all credit rating agencies including CIBIL, SATYAM etc..
As far as lok adalat notice is concerned you should send a notice ,which you can also send, to the bank and ask to apologize in writing and you should claim lowering of your prestige, credibility, and causing defamation, and obtain acknowledgment of your letter under proper seal and signature.
In all probabilities, bank shall try to dispose the matter by a phone call, which you should ignore, and do not leave the bank till you get everything in writing.
Bharat Gandhi (Cordinator) 11 July 2011
Dear Uday,
Can you please explain meaning of " I have setteled"?, does it mean that as per our best idea; you offered certain amount to the bank, the bank issued some kind of letter acknowleging your payment? In the letter has the bank mantioned " Without prejudiced and / or the bank reserve rights to recover dues " etc?
As per my information, even if the bank has issed " Settelmet " letter, still have right to recover difference. Also I have so many reference papers, Consumer Forum's judgements on other saces. At present, I am out of station, hence; if you call me on 022 6671 3838 / 093 225 05010 between 3 tp 5 PM Wedensday 14 July onward, we can discuss the matter. If you are in Mumbai, you are welcome to my office to read all papers, get xeroxed and read the Consumer Act which contains so many cases on the subject.
I am not lawyer. But for similar like your case, I have had enought haressment from an international bank. I have filed case againt the bank in Consumer Fourm which is at the final hearing stage!
Regards,
Bharat Gandhi
Kumar Doab (FIN) 11 July 2011
You should also obtain No dues certificate and NOC.
uday shah (agent) 11 July 2011
Hi, Thanks for your kind reply.Why one should file case at consumer court and why not a criminal case of HARRESMENT and MENTAL torture.
Abroad people will file criminal case and not at consumer court.
uday shah (agent) 11 July 2011
RAKESH PIPRODIA (ADVOCATE) 11 July 2011
Dear Mr, Bharat very good reply given
Kumar Doab (FIN) 12 July 2011
Dear Mr. Bharat,
It is nice to note that you rose against the excesses of the bank, and to defend your rights.
Wish you all the very best.
It is commendable to note that you have gathered lots of information records, case results, to support your case and also for the benefit of fellow countrymen, and you are willing to share it.
Kindly update the scanned images in LCI forum or shared files.
It shall help all those who visit the forum.
Kumar Doab (FIN) 12 July 2011
Dear Mr. Bharat,
The attachment may be useful.
Bharat Gandhi (Cordinator) 13 July 2011
Dear Uday,
You can cover these points of harassment and mental agony in your complaint before the Consumer Forum and claim "REASONABLE" monetary compensation.
Rest can talk by phone or if you visit my office ( no need to mention that I am not charging any fee to any one)!!!
Regards,
Bharat Gandhi
Tel. 022 6671 3838 / 093 225 05010