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VIJAY (NIL)     18 September 2014

Canara bank harassment

I am one of the regular visitor of Lawyers club, even in past I have posted my queries and even got lots of valuable feedback on the same.

Now again I need some suggestion and guidance from the panel members for the below issue.

My father was one the employee in Canara Bank, he was serving in the clerical cadre. In the year 2009 due to some Multiorgan Failure he died. After two to three months we tried to apply for job on the Compassionate Basis, which was also denied stating that in Bank sector there is no such scheme and though you can apply for the Ex-gratia, at that time we thought we will approach some higher officials and even that also failed.

In the mean time they (Bank Officials) were in the process of Full and Final Settlement and finally they invited us and told that the full and final settlement has been done, later they took signatures of our family (Myself, my mom, two sister and brother) on some papers and handed over the cheque.

And even it was informed to us that since my father availed personal loan, after all the deduction they have arrived for final settlement (Nearly Rs.3,50,000/-) even at this time we requested for the Job but it was denied and they offered the Ex-gratia, which we were not willing to accept.

We kept on trying for the job repeatedly we sent several request letter and even we visited personally to the Circle Office and there was no fruitful reply from them.

Later one after one harassment started from the Bank authorities like.

1.      After handing over the Full and Final Settlement, they insisted that we can deposit the cheque in the same bank (another branch) so that the amount we will safe and we will get good interest.

2.      In the year 2010, it was really shocking to us that the amount which was deposited in my mother account was debited (Rs.1, 00,000) stating that it was the recovery of your Husband loan amount, when we approached the Bank officials then also we didn’t get any satisfying reply.

3.      We were in the hope that we may get Job on Compassionate basis, so even we didn’t make this as an issue and also we didn’t apply for Ex-gratia amount during that time also, but kept on writing request letter.

4.      In the year 2012, we got another shock that we need clear another loan amount of Rs.60, 000/- stating that it was also availed by my Father (which he had taken in some Canara Bank Society as per the Bank officials).

5.      At this time also we didn’t take any legal opinion and we concentrated on our livelihood and also my mother was arranging for the marriage of my sister.

6.      We sent one more request letter in the end of year 2013 that anyhow the job is being denied kindly release the Ex-gratia amount of my father.

7.      After few months that is in the beginning of 2014 we got a letter stating that you have crossed the time limit and you are no more eligible for the Ex-gratia now.

8.      Now, in the month of Sep-2014, again we got a letter stating that clear the amount immediately or Legal action will be taken on you, since you are the legal heirs.

 

 Respected Members,  

1.      Now is it not against the law that after stating the Full &Final has been done and after arriving final figure again deducting the amount as loan recovery.

2.      Moreover the amount was debited to my mother account without intimating my mother or the legal heirs.

3.      Is it not against the law to send Loan recovery intimation letter after two years of my Father Death for another amount?

4.      Why they didn’t inform us initially about the time limit to apply for the Ex-gratia and later it was denied.

5.      Again after four years they are harassing us to re-pay the loan why didn’t inform us during the Full&Final Settlement, is it not against law.

We would like to know whether they will be harassing us till our death for the money like this even they denied the Ex-gratia and also in Full and Final Settlement (they deducted Rs.1, 00,000 as recovery of Loan).

Kindly suggest us, what legal option is left for us now.

REGARDS,

VIJAY



Learning

 23 Replies

Sudhir Kumar, Advocate (Advocate)     18 September 2014

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=97980&offset=3#.VBqY5leO5G0

VIJAY (NIL)     18 September 2014

Respected Sudhir Sir,

I agree that the issue is repeated, but as we are a common man we decided not to go further and dropped the idea of getting Job and even Ex-gratia as we were not in a position to fight legally, but now they are sending reminder letter and insisting us to pay Rs.60,000 after  five years death of my father.

Sir, tell me how fair is that now what option do we have; now they are threatening that they will take legal action on us, what is our fault.

 

Whether the law won’t come for the rescue of innocent people.

Thanks and Regards,

Vijay Raghavan.G

Sudhir Kumar, Advocate (Advocate)     18 September 2014

Hinding facts do not fetch sound advise.

 

You have now disclosed that

"but now they are sending reminder letter and insisting us to pay Rs.60,000 after  five years death of my father.

Sir, tell me how fair is that now what option do we have; now they are threatening that they will take legal action on us, what is our fault."

 

whether any part of loan is outstanding?

VIJAY (NIL)     18 September 2014

Sir ji,

In this forum,i very much admire your suggestion and feedback,also to be honest with you i have never hidden any facts with you.

Even we were not knowing what is the exact loan amount since they never told in clear and cut,what is the outstanding loan amount,as i mentioned earlier it was only in 2012,they sent one letter stating the there is a loan amount as i mentioned and we need to repay the same.

 Even if my father had taken loan or made any debt they have the rights to deduct,but there should some procedure know,but my father died in 2009 and they sent the letter in 2012,what they were doing and again now in 2014 stating that some legal action will be taken.

Even exactly we don't whether only this is the last loan which my father had taken,that bank should have done during the Full and Final settlement.

Our relation with our father was really good,since we are four children to him,he never wanted us to take any tension and he used to fulfill all our needs by hook or crook but never used to share his problems(Like what is his financial position )whether he has taken debts.

Sir,but now our situation is like we don't know what to do since Rs.60,000 is huge for us now and also even we don't know whether this harassment is last or again they will send one more letter for other recovery.

Even they denied ex-gratia and all,really our situation is pathetic.. 

Sudhir Kumar, Advocate (Advocate)     18 September 2014

Even we were not knowing what is the exact loan amount since they never told in clear and cut,what is the outstanding loan amount,as i mentioned earlier it was only in 2012,they sent one letter stating the there is a loan amount as i mentioned and we need to repay the same.

 Even if my father had taken loan or made any debt they have the rights to deduct,but there should some procedure know,but my father died in 2009 and they sent the letter in 2012,what they were doing and again now in 2014 stating that some legal action will be taken.

 

You father died in 2009 and they could have file civil suit within three years.  They sent you a letter in 2012 and had you in 2012 acknowledged the debt then the could have sued you till 2015. If you acknowledge the debit now by asking them details they can due you upto 2017. I request other experts to correct me if I am wrong.

Sudhir Kumar, Advocate (Advocate)     18 September 2014

Even exactly we don't whether only this is the last loan which my father had taken,that bank should have done during the Full and Final settlement.

Our relation with our father was really good,since we are four children to him,he never wanted us to take any tension and he used to fulfill all our needs by hook or crook but never used to share his problems(Like what is his financial position )whether he has taken debts.

The expression “Hook and crook” does not paint your late father in good light

Sudhir Kumar, Advocate (Advocate)     18 September 2014

Even exactly we don't whether only this is the last loan which my father had

Sir,but now our situation is like we don't know what to do since Rs.60,000 is huge for us now and also even we don't know whether this harassment is last or again they will send one more letter for other recovery.

Even they denied ex-gratia and all,really our situation is pathetic.. 

They are unable to sue you as appearing above but denial of compassionate appointment and ex-graita is no ground [legal or moral] to refuse repayment of loan. 

 

Morally you must pay the debt of your father.

VIJAY (NIL)     18 September 2014

Sir Ji,

 

From the above it is clear that we have no other option left except repaying the debt,but we are unable to pay the Debt of our Father now and if they sue we will request the court to take suitable action on us.

It is always true that Law is not made for the common man, but it is only for the one who has power and money. 

Thanks for your valuable feedback.

Regards,

Vijay. 

Kumar Doab (FIN)     18 September 2014

You have posted that:

 

----"In the year 2009 due to some Multiorgan Failure he died. "

Hindu Succession Act was amended in 2005 and Son is not liable to pay the debt of father.

Debt can be recovered from the estate of the deceased borrower.

 

----" In the year 2010, it was really shocking to us that the amount which was deposited in my mother account was debited (Rs.1, 00,000) stating that it was the recovery of your Husband loan amount,"

 

Wife is not liable to pay debt of her husband.

Once the amount FnF has been paid to legal heir it is no more within rights of bank.

 

----"We sent one more request letter in the end of year 2013 that anyhow the job is being denied kindly release the Ex-gratia amount of my father.

7.      After few months that is in the beginning of 2014 we got a letter stating that you have crossed the time limit and you are no more eligible for the Ex-gratia now."

 

If you have letters and its POD on record the time limit is not crossed.

 

----"You can have access to loan documents. Following are some important documents provided by banks:

·         letter of offer

·         copy of filled in loan application

·         copy of loan agreement

·         terms and conditions governing the housing loan

·         other documents such as schedule of fees and charges

Banks are required to give authenticated copies of documents executed by you free of charge. (cf. para 8.11.1 of Code of bank’s Commitment to Customers)"

 

 

8.'----"At this time also we didn’t take any legal opinion"

You committed this blunder and you should seek legal opinion in person from a very seasoned bank union leader, lawyer........................

 

 

Otherwise this thread shall be unnecessarily kept on being stretched and you shall keep on suffering.

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     20 September 2014

Originally posted by : VIJAY

Sir Ji,

 

From the above it is clear that we have no other option left except repaying the debt,but we are unable to pay the Debt of our Father now and if they sue we will request the court to take suitable action on us.

It is always true that Law is not made for the common man, but it is only for the one who has power and money. 

Thanks for your valuable feedback.

Regards,

Vijay. 

I never said that you hve no option

 

please read again

 

You father died in 2009 and they could have file civil suit within three years.  They sent you a letter in 2012 and had you in 2012 acknowledged the debt then the could have sued you till 2015. If you acknowledge the debit now by asking them details they can due you upto 2017.

VIJAY (NIL)     20 September 2014

Thank you very much for both Sudhir Sir and Kumar Doab Sir for your valuable feed back.We are trying to approach the lawyers,who can handle the issue confidently.

But as of now we are getting negative reply from them,since Canara Bank is such a big organization and nobody is giving much assurance.

And also i would like to mention once more here that they are letting out big fraudsters who make crores of scam but fall behind people like us(even though he was an ex-employee),they could have deducted earlier itself than torturing like this after so many years.

Sometimes we even doubt whether they are targeting and harassing particular community,(as we belong to lower community) i didn't want to mention the same here but really we are frustrated and if this didn't end,we may write the same in a letter and we may end our life.

Since no union leaders,community leaders or nobody helped us,the last option what we have is the legal one we will try a lot and take a final call as i mentioned above.

Once again thank you very much.

Thanks and Regards,

Vijay Raghavan.G

Sudhir Kumar, Advocate (Advocate)     20 September 2014

You probably belong to the category of persons who do not like to be addressed sympathetically [or do not like to understand anything explained politely] which the experts of this forum are trying.  Sympathy for father’s death cannot be stretched beyond proportion.

 

a serious objection is being made to your repeated expression

 

"we are frustrated and if this didn't end,we may write the same in a letter and we may end our life."

You perhaps do not know that if these words are come to the knowledge of Canara Bank Management they can register FIR against you immediately in any part of the country. Wish their lawyer may not be member of this forum.  You just cannot advertise criminal intention on public forum.

Sudhir Kumar, Advocate (Advocate)     20 September 2014

You also stated that “they are letting out big fraudsters who make crores of scam  It means you have knowledge of some crime done under IPC and Prevention of Corruption Act and you are hiding the same from management of Canara Bank but advertising it on public forum for knowledge of entire world.

Sudhir Kumar, Advocate (Advocate)     20 September 2014

 

This is a free advisory forum and the advise has been given to you FREE OF COST IN CHARITY you have just no business to threaten suicide to the experts of this forum simply because members of this forum are not competent enough or not interested to educate you about ways to avoid refund  of public money.

 

I am personally feeling threatened by you.


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