A loan of X Crs. was obtained from one financial institution (FI) with 36 repayment instalments in 7 years for a housing project under a classified category. After re-payment of 32 instalments regularly, the borrower came to know that, the FI have changed the category of scheme at their own without the consent/knowledge of or notice to him. This way, the FI collected 27 lacks excess then total repayment, by applying interest rate of new category. Correspondence with FI resulted to nullity then, the borrower filed a civil suit for recovery in the ADJ court where, FI filed WS. There after FI filed an application in DRT for recovery of balance 3 instalments according to them (which were paid and over payment done according to borrower) and also initiated a proceeding of 138 by filling one blank cheque submitted to them while senction of loan and getting it returned unpaid from the bank without borrower's knowledge. The FI also initiated the proceedings of declaring “Will full defaulter” under the guidelines of RBI.
1. Could FI go to DRT for the deft, disputed in civil court?
2. Could DRT accept such application for adjudication where deft are legally not ascertained?
3. Could FI initiate multiple actions at different forums?
4. Could two cases of DRT and 138 can proceed simultaneously, at a time for the one recovery.