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Samir Avtar Ahluwalia (Asst. Manager)     06 October 2010

Unauthorized Lien by ICICI Bank

I have a savings account with ICICI Bank my account number is 002601524581 and also a Auto loan the account number for the same is LTTNE00005792739.

A few days back around 8000 rupees were blocked from my account, when I contacted the customer care they told me that the same was blocked because I had outstanding towards my auto loan.

The auto loan was taken before the account was even opened and the EMI were paid through IDBI Bank so I believe ICICI bank does not have mandate or authority to block funds in my account.

I agree that two installments were not paid and the reason they were pending was because soon after the emi payment was not cleared I had issued cheque for the same and the same cheque were never deposited nor returned to me. To make it worst interest and penalty was levied.

I don't have any intention of not paying the loan and if I had any I would have not paid more EMI as if you see the amount pending is 4000 out our the more then 40000 loan amount. 

I have taken various personal as well as consumer durable loan after that and the same have been repaid through my ICICI bank account and none of loan payments had any defaults. None the less if the history of my savings account is seen they will see that I am not a defaulter and my transactions are very clean.

I don't have any issues in paying the pending loan amount if there is some concession on the interest part and if the bank is ready to accept two equal emi's for the same and if I don't do that they can block funds from my account I would have no issue for which they can use this as an authorization.

But the bank does not have any mandate or authority to block funds in my account hence I would request the bank to unblock the funds immediately and ask an executive to call me on 9029149328 so that we can settle the auto loan.

I have already written an email to all the senior management of ICICI Bank, please let me know whether the same can be used to file a complain with RBI ?

Why does not RBI take SUO-MOTTO action against the same.

Thanks & Regards,
Samir A. Ahluwalia
9029149328



Learning

 5 Replies

M. A. Khan (advocate)     06 October 2010

Please check the documents you signed while obtaining loan.  Banks normally get agreement from customers, which provide clause of agreement of blocking the account in the event of default.  If you have signed such agreement, read it carefully, if it does not contain, than you can make complaint to RBI. No  only that you can file consumer case and seek interim order to start the operation of account.

prasad (advocate)     07 October 2010

Thesse days, organizations are mechanical. They have no time to see what type of a customer they have. Their replies are routine, hide bound and executives at all levels are their Master's voices. They are very weak in logic or they are not concerned with it. They are more hide bound than even the Govt servants. The Ex Chairman of ICICI bank is very active on TV but the culture he left behind does not seem to be that great. Their operations are not inefficient, thanks to computeriztion, but there is nothing more to speak of.

Better pay of the Emis as per their record and if any excess is paid, fight for interest, and, if possible, claim damages. That way, you will save heavy interest. 

Samir Avtar Ahluwalia (Asst. Manager)     07 October 2010

Ok I would like to make a point, when the loan was take I did not even have an ICICI Bank Account and the ECS payments were paid through IDBI Bank account and hence even if they have the mandate its for IDBI Bank.

Also I made several request to settle the same but no one from them have paid any heed they are acting like bullies.


Regards,

Samir

M.S.Bhalerao (advocate)     07 October 2010

Banks have authority under the Banker's lien on other deposit accounts and right of set off. Howerver you submit a detailed letter to ICICI Bank and get a copy duly acknowledged. ask the to give you a reply in writing.your account will be operative if the balance is more than the amount earmarked  under the lien. you request for the attasted copies of the loan documents. it is your right. you can approach consumer court for redresal of your grievence once you get a reply from the bank and copies of loan documents.

Samir Avtar Ahluwalia (Asst. Manager)     15 October 2010

I had written to the management of ICICI through email and they had asked me wait for a week so that they could reply to my query. But its more then a week and I am yet to receive a reply.

I had also received a loan payment statement which showed a emi being bounced and after that cheque for the emi also being bounced but the cheque was issued from an ICICI bank account and it was never deposited and moreover the date shown when the cheque bounced there were funds in my accounts for it to clear. It shows clearly there was an error on their part. (screenshots of the same attached)

Yet instead of acknolodging their mistake they went ahead and debited my account.


I would request some to help me with how can I approach the RBI and file a formal complaint with them.


Awaiting someone to help me out


Attached File : 15 15 please find the proof of my contention.pdf downloaded: 156 times

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