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kajaljaiswal   25 June 2021

Sarfaesi qct

A bank has sent me a notice u/s. 13(2) of sarfaesi act saying that loan has been availed on my flat which has not been repaid. Hence, they will avail remedies under sarfaesi act of the loan is not repaid. I replied to the bank that the address to which notice is sent is mine, but the notice is not addressed to me but to some other persons. I have not availed any loan from the said bank. I have availed loan from some other prominent bank, the emi of which are regularly repaid by me. I informed these things to the said bank that I have never availed any loan from your bank. Moreover, the possession of the said flat is with me. Additionally, I possess all the chain agreements with me. The names of the persons as mentioned in the notice are nowhere in the chain agreements. Additionally, those persons have availed loan in the year 2005 and the first agreement in the chain agreements available wih me is of 2012. I say that when I have not availed any loan from the said bank, how can the bank send me such notice. Moreover, the adress is mine, but the names are not. Neither those persons ever existed in the chain agreements. I am apprehensive that bank may adopt legal procedures and may take possession of my flat. What remedies do I have in this to save my flat? Please reply.


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 1 Replies

Kevin Moses Paul   13 August 2021

As per the situation you've explained above, it's easy to determine that you're a victim who has been continuously targeted by the bank for a violation that was never done from your part. Since, you've already talked to the manager of the bank and presented the relevant documents before him it's very inappropriate that the manager still didn't responded to it responsibly. It's an act of harassment as such things are continuously troubling you mentally.

As a matter of fact, all you're documents are just and the notice of the bank can be challenged in a competent court. However, since the bank staff isn't listening to your grievance it's important to come up with a counter notice from a competent attorney/advocate.

You should engage in with a competent attorney/advocate for the matter and can sent a legal notice regarding the matter along with a copy of relevant documents attached to it, such that you're initial process (i.e. responding to the notice) takes place.

Moreover, you're supposed to take the matter before DRT (i.e. Debt Recovery Tribunal).In case you've heard the term 'DRT' for the first time, allow me to give a brief introduction to you.
Basically DRT or Debt Recovery Tribunals were created to facilitate the speedy recovery of debt payable to banks and other financial institutions by their customers. DRTs was set up after the passing of Recovery of Debts due to Banks and Financial Institutions Act (RDBBFI), 1993. In addition to this, a person or entity aggrieved by orders of the DRT can appeal against its orders to Debt Recovery Appellate Tribunal (DRAT). 

A competent and prudent lawyer/attorney/advocate would be able to challenge the bank for their inconsistent actions that have been bothering you for a while now.

Moreover, you can take necessary steps and approach a Banking Ombudsman. Banking Ombudsman is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in certain banking services covered under the grounds of complaint specified under Clause 8 of the Banking Ombudsman Scheme 2006 (As amended upto July 1, 2017).

There are several legal measures such as those listed above which you can use (being the aggrieved party) in order to seek justice. Hiring a good lawyer can get you out of thus, it's very crucial that you approach a lawyer for the same.
Most probably, a simple legal notice (that I've mentioned above) would tend to stop the banking officials to suppress you any further.

I hope it helps!

Regards
Kevin M. Paul

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