To,
Lawyers club India,
I need your help
I am prashant karulkar, have bob vaypar overdraft facility of rs. 6,50,000=00 with bank of Baroda umbergaon town branch dis. Valsad Gujarat, earlier in 2002 I started c.c facility from 1,50,000=00, due to my good performance bank update it to 6.5 lacs and ask for mortgage, I gave my father and cousin’s join forefather property ( house of rs. 13 lacs as per bank valuer) as a mortgage and they both stood as a guarantor, in June 2006 my father died, in Jan 2007 I shifted to Mumbai for better living hood I inform bank and start repaying in o/d, I paid around 3,50,000=00 in last two and half year, in between I request bank lost of time to convert my o/d into term loan or emi’s but bank never reply, when I ask for statement in sept 2008 they tell me 4,28,000=00 is balance, now my mother who is 65 year old, high BP and paralyses patient wants to go back to our old house for her rest of life as she have lost of memories there, which is mortgage to bank so she request bank outstanding amount to closed the loan, bank never reply to her, then she file complaint in banking ombudsmen for banks not giving her outstanding amount, after complaint to RBI bank manager send us letter of outstanding amount of rs 6,35,000=00, and one notice of sarfasei act dated 26-02-2007 ( means more than two year old ) which we never received, and the address on which he sent notice is also fake. We got shock and complaint to RBI and GM of bank of Baroda about his fraudulent notice, we shown all evidence that on 26-02-2007 we all were staying at diff address where bank always communicate, and how could he sent sarfasei notice to some diff address, and receiver signature also not matching of reg AD, overall we where is hospital as my mother is undergo surgery from 22 feb to 03 march 2007, and bank manage is claiming my mother received sarfasei notice,
After two month loan fight we inform to chairman Mr. mallya of bank of Baroda threw one senior citizen NGO, after informing chairman bank manager called us and apologies and assure us that he will allow us to pay and clear the property, then he called me last month and ask to receive one letter on the name of me, my cousin, my mother and my married sister as she is also legal heir of my late father, we received all letter’s on 18 th June 2009, he send fresh sarfasei notice to us, we question him why he sending us sarsasei notice as our account is in limit, we are regularly paying and infect we are asking for emi or want to close loan in one stroke? He did not reply and ask us to go even finance minister is we have any problem, he further threat us that if we repay all amount in one shot he will not release our property papers, we inquire about him in detail in local area, we came to know that as our house is situated in cream area near mamletdar office, he want sell it to one local heavy weight builder threw auction and that is the reason he earlier send us fake sarfasei notice, and not giving us Emi’s he made our account npa just by ten thousand in sept 2007 by Appling some interest,
I need your help to save my property.
Please guide me, as his higher authority is not taking any action and RBI also refuse to help as sarfasei notice is served.
Please help us as my mother wants to live rest of her life in our forefather house. And we don’t want to lose property of rs 40 lacs just for 4,30,000=00 rs loan, and we are very much regular in paying, I already closed my furniture loan a/c which is with same branch in full,
We have 30 years relation with banks, but manager Mr. Haresh babubhai shah who is local person wants to use his power as a manager and snatch our house.
Please guide me.
Regards
Prashant karulkar
