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Ashok (IT)     03 July 2014

Icici bank personal loan repayment

Dear All,

  I am an IT professional took a personal loan from ICICI Bank during the period 2005 from Chennai. I was repaying that regularly. But in later stage, due to some unfortunate things happened to my life and my financial situation was very bad, I was not able to finish the loan repayment properly. There was Rs 31038 was pending to repay at that time. I have conveyed this to the bank and requested for some more time to complete the repayment. But they have not listen to me and initiated  the action through Hon'ble High Court of Chennai. Finally through Lok Adalat at Hon'ble High Court of Chennai, it was decided to settle the case by pay the amount Rs 25000  and I have made the payment of Rs 10000 in front of Hon'ble High Court and gave the Checque for Rs15000 (The checque also  cleared on the date specified ) . The Hon'ble Court issued the verdict that   the case about this loan is settled and there should not be any more further proceedings regarding this loan. But the bank did not issue the NOC till now and I was requesting for that for the last 5 years. Instead of this, during these period, the collections agencies of Bank was continously calling me and asking me to repay the amount of 31000. I have informed them several time that it was already settled in at Hon'ble court and even send the copy of the verdict once to the bank. They were not listening to that and now they have initiated the legal proceeding again against me and send a legal notice that they are going to publish my photo and details in news and media. 

 

Please advice me what should I do in this situation .?


Thank you for your time to read my concern.

Ashok 

 


Learning

 6 Replies

Raghav Mishra (Lawyer)     03 July 2014

yes your loan amount has been written off...The bank cannot charge you anything now..

Kumar Doab (FIN)     03 July 2014

Do you have acknowledgment of amount paid in cash and cheques and banker’s certificate of clearance of cheques in favor of M/s ICIC bank?

 

Do you have proof of having sent the court judgment/Lok Adalat decision to Bank/recovery agent.

 

There is something wrong either with your stand or of bank.

 

Demand that the ARC/Agent/bank should supply by Redg. post all docs proving that debt is to be paid by you, so as to reach you within next 7 days. 

 

If bank is wrong you may approach your lawyer and ask your lawyer if you can file for contempt of court.

 

Prior to that ask your lawyer to make Chairperson of the bank, MD a party.

 

There are many threads that you may find relevant e.g; 

 

https://www.lawyersclubindia.com/forum/Icici-bank-personal-loan-repayment-104901.asp#.U7UhEpSSwb8

Ashok (IT)     03 July 2014

Yes I have with me the copy of verdict from the Hon'ble court and the proof of the cheque cleared from my bank SB account. 

Ashok (IT)     03 July 2014

There is one more information that I forgot to mention was the point of contact who initiated this legal notice from the Bank side was the same person who represented the bank last time in the Lok adalat

Kumar Doab (FIN)     03 July 2014

 

Apparently and on the face of it you have merits.

It is strongly suggested that you should show the court verdict to local lawyer dealing in such/consumer/bank related cases, and understand the merits.

 

Record all calls/meetings (audio/visual) and speak that the person concerned is same that had appeared in court and that they can’t publish photo in newspaper and that NOC has not been supplied till date and you have supplied the court verdict also to the bank and bank is duty bound to procure the certified copy of decision from court and update its records.

 

Once you have recorded and have evidence submit minutes drafted by your lawyer to MD of the bank and demand certified copies of the Bank record: who appeared in court, on which date copy of court judgment was applied and received, and updated in bank’s records, detail of payments in cash/by cheque with cheque numbers and receipts generated by bank and date of receipt of payment from you,…………….. on which your case was handed over to ARC/Recover agency and by whom and certified copy of the communication of bank to ARC, detail of Manager of the Bank I/c of this ARC, Prop.detail of ARC,………………….who received the copy of court judgement from you and sent to whom for updation and why it is not updated………..correctly……………… Copy of bank’s communications to CIBIL o delinquency,     

, …………and demand to supply it by redg. post only so as to reach you in next 7 days…………………

Or you will proceed legally at cost and consequences of the bank/ARC……………….

Address the notice to MD, Chairperson, of the bank and demand to beg apology in writing and compensate you as per internal compensation policy of the bank……………….

If even MD, Chairperson also do not provide any relief your lawyer may opine to  file contempt of court, complaint in DCDRF………………….and other fora including criminal complaint………….

 

 

You may go thru above mentioned thread and other threads mentioned in it.

Advocate Ravinder (Advocate/Attorney)     13 August 2014

As the Bank men (agents) are working in contrary to the Judgement given by the High Court, you can file contempt petition against the Bank and its agents.


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