here I place a copy of notice received from one farmer - what actions are proposed against bank
Translation of Relevant portion:
Patel Lakshmanbhai Joitaram
11, Vasundhara Society, Girdharnagar,
Near Railway Crossing, Himatnagar,
District Sabarkantha (N.G.)
Respected District Collector,
Subject:Sale of our Agriculture Land (Project Loan) for Rs. 15,00,000/- (Rupees Fifteen Lacs Only) by Ahmedabad Branch of Kotak Mahindra without our information and illegal harassments.
I respectfully like to inform you on the subject cited above that I have taken agriculture loan of Rs. 15,00,000/- from Ahmedabad Branch of Kotak Mahindra Bank. I have paid total of Rs. 10,00,000/- as Principle amount + Rs. 2,42,588/- towards interest = Rs. 12,42,588 till 15/02/2008 regularly. My account has not become overdue nor has my payment become overdue by limit. I am small farmer and patient of Heart Disease. During year 2005-06 and 2006-07, due to over rainfall there was failure of crop and I have informed in time to Kotak Mahindra Bank in respect of crop failure through Sarpanch and other officers while obtaining their certificates.
Respected Sir, with great pain, I have to inform you that I am regular customer of Bank, even though, Bank is torturing me and therefore, since am patient of heart disease, I am affected by psychological pressure and I was compelled to take admission at Hospital for treatment during May, 2008 for Heart disease.
Thus, even though, my health is not being well, as per instructions of Bank Officers, out of total loan amount 2/3rd amount of loan i.e. Rs. 12,42,588/- are paid, and even thereafter, I am harassed mentally and tortured by Bank Officials. I have to inform you with lot of pain that even my land is mortgaged with Bank, the Bank has sold out land of my guarantor to some unknown person, without giving any information or intimation during October, 2008 and had executed a Sale Deed at lesser value than market price, in conspiracy with purchaser secretly, and therefore, it has become difficult for my guarantor to maintain their life, which is most disastrous than even an earthquake and said step is against humanity.
Thus, after occurrence of this incident, under Section (8) (9) of Right to Information Act, 2005, I sought information as customer of Bank for:
(1)Statement of my Loan Account,
(2)Valuation Report of our mortgaged land, which was given at the time of obtaining loan from Bank,
(3)Valuation Report of Land of guarantor, when it was sold out,
(4)Legal Process taken up at the time of property of guarantor sold, etc.,
Which informations have not been provided by Bank till now, under said provisions of act, in other words Bank has violated provisions of Law.
(5)That Bank has not granted benefits of Debt Abolition available under Agriculture Credit Policy of Central Government,
(6)That Bank has sold out land of my guarantor though my land was under lien keeping guarantor uninformed in dark fraudulently,
(7)That Authorized Bank Officials behaved with prejudiced manner during personal meeting and behaved with step motherly attitude.
As I am patient of heart disease, it directly affects life of my family and I am unable to find a way.
That insurance for the loan amount on crop has not been taken by Bank and we have been deprived of rights available under same and therefore also the Bank is responsible for same and when the crop has failed we could not get the amount of crop insurance and therefore also the bank is further liable and therefore we lodge this complaint to take all legal action against Bank.
That the market value of property of Guarantor is very high and valuation of same at the time of sanction of loan was made at Rs. 18,00,000/- (Rupees Eighteen Lacs only), while the property in question have been sold at mere Rs. 7,25,000/- while keeping the guarantor in dark and sold same in conspiracy with purchasers, and thus Bank has mount up situation that I may be compelled to pay market value of said land to guarantor. Thus, we have been victim of all wrong acts of Bank and we are under unbearable mental torture.
Thus, we file aforesaid complaint to take necessary steps against Bank immediately and to look at Loan accounts of other farmers while taking appropriate action.
In view of my aforesaid details as I am common rural agriculturist and being harassed physically, mentally and Bank is causing me constant economical losses, also am patient of heart disease, which I have already informed to bank, though Bank is torturing me beyond my limits and beyond line of humanity to a my like small farmer and now it has become most unbearable for me, my like small farmer like farmers of other states shall have no option other than to commit suicide and it is hereby requested to save me from these hardships and it is requested give me justice.
Sd/- Lakshman J. Patel
Patel Lakshmanbhai Joitabhai.
Copy forwarded with compliments to:
(1)Hon’ble Governor of Gujarat, Reserve Bank of India, New Delhi.
(2)Hon’ble Finance Minister, Government of India, Ministry of Finance, New Delhi.
(3)Hon’ble Agriculture Minister, Government of India, Ministry of Agriculture, New Delhi.
(4)Hon’ble Prime Minister Shri Manmohan Singh, Delhi.
(5)Hon’ble President Congress Party & Member of Parliament, Smt. Sonia Gandhi, Delhi.
(6)Hon’ble Secretary, Ministry of Finance, Finance Department, New Delhi.
(7)Hon’ble Chief Minister Gujarat State, Shri Narendra Modi
(8)Hon’ble District Collector Shri Thennarasan, Sabarkantha.
(9)Hon’ble Director General of Police, Gujarat State Shri Khandwawal.
I hope some officials will take actions as the Copies of the same are submitted to the Very High level dignitories includign RBI Finance Minister !
Let us Hope the situation may be rectified .
So for the legal action is to be taken-
the agri Land is sold by Authorised Officer Under Security Act ? if it is so, the Securiity of Guarator is Agri land can not be sodl under Security Act , A Petitioon / Appela u/s 17 to be filed before DRT to set aside the sale .