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tv subramanyan (accountant)     25 September 2013

Filing suit without notice

i had taken an educational loan of 150000. the asked for repayment of 2700 in 60 instalments  thinking that i had borrowed 630000. when asked for clarification, they sent another statement asking for repayment of over 240000. my request for a detailed statement of a/c got no response. they did not issue any legal notice and have filed a civil suit.

i am proceeding to defend myself on the ground that the bakers did not issue a statement of a/c bifurcating the principal and interest dues and no legal notice was given before filing the suit which is against the principles of natural justice.

Now i want to approach the consumer court for deficiency of service for the refusal to issue a statement of a/c

and harrasing me for forcing to make payment without details of my liability of principal and interest.

am i entitled to approach the consumer court?  should i wait till the civil suit is disposed which may take years? 



Learning

 1 Replies


(Guest)

Filing of the case for deficiency depends upon presentation of your case. As per your case, you have admitted the granting of the loan. You are not disputing the rate of interest. You have not denied your liability. You want to protract the trial on the ground that (i) notice was not issued before filing the suit and (ii) statement of account not furnished. Whether you have made any communication in this regard will be examined by the Court.

As far as notice is concerned, you will have to take the filing of the suit as notice.

As far as statement of account is concerned, kindly check the plaint and annexures thereto. 


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