Request for advise in banks's matter.
Sunil Kumar
(Querist) 15 June 2017
This query is : Resolved
Respected Sir,
My relative husband has getting a loan in the name of his wife from the bank of Rs. 52000/- for Activa Honda (two vehicle) and after some time the wife could not pay the EMI of the Bank from time to time and the Bank's NPA outstanding amount 75000/- with interest. After some years the bank summon the wife through advocate and the police come for arrest to wife but the wife promise the police party that she will deposit the entire amount. When wife went to bank, the bank advise to contact the engagaed lawyers who has handle the case of your vehicle loan. The Advocate has advised to deposit 44000/- amount out of 75000/- with the remarks that I (Advocate) " Case Rafa-Dafa kar dunga" if you deposit 44000/- in bank account and the bank has receipt of this payment. The wife has deposit 44000/- amount in bank but the bank is not ready to give NOC nor ready to give any settlement papers with the bank. In this matter what we have to do ?
The husband of the wife has borrowed money from any person and the person has seized the wife's name registered Activa from husband and after discussion the borrower has asked that if husband will pay borrow money then I will return bank the
Activa honda.
What we do in this matter.
Please advise.
Kumar Doab
(Expert) 15 June 2017
Pay the balance amount to bank and get NOC.
Rajendra K Goyal
(Expert) 15 June 2017
The amount was paid without written demand from Bank on verbal conversation. Now Bank is on upper hand and can easily twist the arm for balance.
Dr J C Vashista
(Expert) 16 June 2017
Did the borrower obtain NOC for the repayment of loan? If so, file a suit for mandatory and permanent injunction through your lawyer.
Facts of the case are quite vague and unable to follow. I think the experts have opined on the basis of presumption, discuss with a local lawyer.
Kumar Doab
(Expert) 16 June 2017
It is clear from the query:
The loan has not been fully repaid.
The bank has not therefor issued any NOC.
The vehicle (financed by bank) is not in possession of bank.
Kumar Doab
(Expert) 16 June 2017
The matter posted by querist is clear.
There is NO presumption in replies to query by either of Shri Kumar Doab, Shri Rajendra K Goyal…………………………as probably misunderstood by Vashistaji.
Kumar Doab
(Expert) 16 June 2017
Nevertheless as advised by Vashistaji the querist can take up the matter with his own local senior and very able counsel of unshakable repute and integrity specializing in Banking/consumer matters, at his location.
Don’t make any payment to anyone at online portal.
Wish you the best.
{Jaise ki Vashistaji ne aapko apke bhale ke liye samjhaya hai, nikat ke local consumer court, Civil Courts, DRT, me jakar imaandar or kushal vakil saheb jo ki banking/consumer matters me maharat rakhte hain se milen or apne case ke kagaz dikha kar vistaar se charcha karen.
Local imaandar or kushal vakil saheb jo ki banking/consumer matters me maharat rakhte hain ke uchit margdarshan me aage ki karvahi karen.
Aaapka Shubh ho!
Aisa bhi sambhav hai ki local imaandar or kushal vakil saheb jo ki banking/consumer matters me maharat rakhte hain, aapse koi fees na lain ya naam matar ki fees lain.
Kisi bhi Online portals par kisi ko bhi koi paisa na deven.}
Kumar Doab
(Expert) 16 June 2017
It seems to be clear that the Bank and advocate- lawyer of the bank have succeeded in making a pass on the borrower alluring him/her to make the part-payment (on the pretext of full payment). The bank might have made the agreed payment of fee …………………….to advocate- lawyer.
( Vakil saheb ne aapko gachha dekar aadhi adhuri payment bank ko karva di hai ye kah kar ki yeh karze ki purn rakam chukta hogi.
Sambhavta Vakil sahib ne aapse jhooth bola hai……………………..aur Bank se apna fees jaise bhi bank te tay hua tha prapat kar li hogi.)
If you have any irrefutable evidence of Advocate-Lawyer’s statement (say: audio/visual/minuted/witnessed) …………………..as posted by you……………..’ I (Advocate) " Case Rafa-Dafa kar dunga"’…………..then gather your well wishers/supporters/community leaders/unions etc etc and press this Advocate-Lawyer to get you NOC…………………..from Bank against payment of Rs. 44000/- against dues of Rs. 75000/-
………….
The Advocate-Lawyer may act upon his/her words on your request or under pressure of situation.........................OR may flatly decline that he ever made such statement.
If you are unable to resolve on your own or thru lawyer then you have to make balance payment to Bank and another lender that has vehicle in his possession.
"Respected Sir,
My relative husband has getting a loan in the name of his wife from the bank of Rs. 52000/- for Activa Honda (two vehicle) and after some time the wife could not pay the EMI of the Bank from time to time and the Bank's NPA outstanding amount 75000/- with interest. After some years the bank summon the wife through advocate and the police come for arrest to wife but the wife promise the police party that she will deposit the entire amount. When wife went to bank, the bank advise to contact the engagaed lawyers who has handle the case of your vehicle loan. The Advocate has advised to deposit 44000/- amount out of 75000/- with the remarks that I (Advocate) " Case Rafa-Dafa kar dunga" if you deposit 44000/- in bank account and the bank has receipt of this payment. The wife has deposit 44000/- amount in bank but the bank is not ready to give NOC nor ready to give any settlement papers with the bank. In this matter what we have to do ?
The husband of the wife has borrowed money from any person and the person has seized the wife's name registered Activa from husband and after discussion the borrower has asked that if husband will pay borrow money then I will return bank the
Activa honda.
What we do in this matter.
Please advise. "
