Bank manager refuses to provide me no dues certificate


Dear Sir/madam
I have taken education loan 1,90,000  in 2009 for B.tech. My course was completed in 2013, but after that, I have not paid any amount of money till August 2016.In August 2016 bank has filed a civil suit against me, my father and my mother for repaying the loan with interest . On my request, the court has arbitrated that I would have to pay the whole sum of money Rs. 2,86,374 (Two lakh eighty-six thousand three hundred seventy-four rupees) in 12 instalments.I have paid all the instalments within scheduled date.After paying all the instalments on time, the court has provided me a letter to ensure that there is no any amount remaining on the loan holder.

    I have requested the branch bank manager to provide me also no dues and no objection certificate from bank.He refused to do so and not receiving my application .He is also not ready to give me the written cause of not receiving the application.Even the bank is refusing to provide my own passbook and trying to keep me in dark.

Few points regarding the issue-

1.      As per RBI guidelines ,The education loan amount below than 2 lakh, the repayment time duration is 5-7 years after completing course.On which basis the bank suited civil case against me only within 2 year.

2.      Since the civil court has written in his letter clearly that there is no amount remaining on this loan account then why does bank refuses or delaying to provide me no dues certificate?

3.      Bank is not giving me even my loan account passbook .When I am trying to apply for passbook and no dues certificate  manually the bank manager refuses to accept the  application and arbitrarily not giving me it's written reason.

4.      My education loan amount is below 2 lakh. Can a civil suit be file on PSL.

5.       As per RBI guidelines the education loan within 2 lakh,there is no need of any security. Then,on which basis the civil suit filed against my father,my mother and me with the sense of  warning on my/father/mother’s  property?

 

 

please give your valuable sujjestion.

 
Reply   
 

First give your application online and then by way of registered post. A Civil Suit was filed, settlemt occured and you complied with order. So, there is nothing left. There is no sense in asking this question now that why did Bank filed Civil Suit against you, your father and mother. If after passing of settlement and order that your have complied still Civil Suit is continue then show the Court this order matter will be over. 


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Retired employee.

Convert that Registered letter as stated by Shri Shreya Dambare as Notice under CP Act as follows:

Notice dt.22nd Sept, 2017 under CP Act

 

To

.....Manager,

.........Bank.

 

The complainant ..........................s/o................aged residing at.............................issues the notice on deficiency of service and contempt of Court as follows:

1.The complainant is a bonafide borrower of educational Loan No................of your Bank.  

2.As per ...Court orders in No......................proceedings, as  arbitration proceedings the following orders were given.

"

 

3.Complainant has according to the orders of court remitted and liquidated borrowed as such and is eligible for a No due certificate.  Bank is neither receiving the application nor responding in a satisfactory manner for such issue of No Due certificate, though it is their obligation.

 

3.As there is deficiency of servicing and harassment of complainant, as a final option this notice is being given, demanding for issue of such no due certificate and statement of account within 15 days fro m rec to complainant, failing which complainant will be constrained to file contempt of court proceedings and also consumer complaint for deficiency of services.

 

Complainant.

 

Structure this as grievance and file in pgrms portal of the bank..

"Even after settling the account no..........of................of educational loan, as per Court orders in Suit No...........dt.........., Manager is harassing borrower and not providing no due certificate, inspite of many such visits to the Bank.  Hence this grievance alleging failure of duty, obligation and for harassing a citizen.

Never blame the Bank, like burning boats after crossing stream.  Why have you given security, when you know RBI rules ?  Don't you remember all this when you are receving such amount for nominal rate of interest, and when you have gained out of a career through loan.  Though not gratitude, do not lack in proper courtesy to any person that helped, after benefitted by the person.


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Thank you so much, Sir for your valuable suggestion.I will try to do so as you told.

 
Reply   
 
FIN

1st thing 1st.

Build irrefutable written record of all points that you have posted.

Keep some unshakable witnesses with you, and also record declinature of bank/BM.

 Write to BM (even email is sufficient and attach the copy of signed letter that you wanted to submit) and narrate all representations.

Remain gentle and amiable and specific and avoid any emotional outbursts.

Narrate all previous representations and express your expectations and request to meet in specific timeline from date of order by court and your 1st representation.


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FIN

The BM has NO other option but to seek legal opinion from legal cell to save from charge of transgression.

If BM does not reply and provide relief you have the option to write to MD, Chairman, lodge Grievance in Grievance Redressal, write to CEPD-RBI, under proper acknowledgment.

You are likely to get a reply.

The recourse thru DCDRF can be pursued.


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Reply   
 

Than you so much sir for your valuable suggestion, I will try to do as you told. 

 
Reply   
 
FIN

You are welcome.


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