Canara bank harassment

It is you only who said that your father was rearing you by hook or by crook.  It is he who raised loan from employer while in service.  So money in excess of his salary has come to the house and you have not bothered to refund the same nor are you interested.  If you are ignorant about the details of loan amount and interest it is simply because you do not want to know or else the Bank would have elightened to you.

It is there that you did not get ex-gratia because you declined when offered within time and later you expected bank to run after you and tell you within how much time you can get this amount.

You are just keeping silent as to whether your family received any gratuity/ CPF/ Insurance /Leave encashment Perhaps you believe the experts of this forum to be foolish enough as to not knowing that family of deceased Govt sector employee is never on road.

Sir ji,

As I mentioned earlier that we received the full and final settlement (Nearly Rs.3, 50,000/-) and I never said we didn’t receive any penny also and even I have never made any experts of this forum a fool.

Even I never said we are on the road, my intention is that proper guidance, proper procedure should be made and given for the family who will come across like this.

Also I would like to apologize sincerely if I have hurt any expert on this forum and particularly Sudhir Sir ji, who has taken this so personally and felt that I am threatening him.

Once again thanks for your valuable suggestion and precious time.

Thanks and Regards,

Vijay

Last Reply:

Without any need for rhetoric and sermons it is suggested that you have posted a query seeking legal remedy and it has been suggested to you in response to your post and PM.

This thread may be prolonged and overstretched to any limits, but for the resolution you may proceed under the expert guidance of a seasoned and competent lawyer and bank unions leaders and trade union leaders………………………………

It is felt that you should also approach Chairman of the ‘Minority Commission’.

You have peculiar issues and address these properly one by one and do not adopt the lack lusture approach like in the past.

You problems shall be resolved.

The good for nothing, armchair Bank personnel did not adjust loan in FnF and have later resorted to illegal manners and are liable to be punished.

If your mother was owner of the a/c from which loan recovery was debited then she can agitate and may succeed to get the refund thru BO, DCDRF, and court of law.

Discuss with a lawyer specializing in consumer cases.

Mr.Vijay

The crux of the problem is:

1. Appointment on the basis of compassionate grounds is not a right.  Banks did give such appointments earlier.  Later it found the same as a permanent liability and would affect in maintaining quality staffing pattern.  Hence it found this ex-gratia scheme according to which if an employee dies in harness, certain lumpsum amount would be paid to the legal heirs instead of taking one family member for employment on compassionate grounds.  The lumpsum would be handed over to all the legal heirs together whereas the benefit of such appointment would be for one only and there is no guarantee that he/she would take care of the remaining legal heirs of deceased employee. 

2. The Bank is right in saying that you people have not applied in time for ex-gratia.  No liability can be perennial and there should be an end for such liability.  This is in accordance with the Limitation Act.  Hoping for appointment, you people have ignored to apply for ex-gratia in time. 

3. Your father died in harness i.e., during his service.  At least some of his friends would have helped you people in these matters.  I do not understand the reason for coming of such help from his friends.  Either you have not approached them, or you would have not listened their advice.  When we live society, at least we have four friends.  Four are required to take us to the right place when our life comes to an end. 

4. Castigating community bias, comparing your case with uncaught fraudsters will not give you any relief.  

5. Even now, I advice you that all of you legal heirs together go to the Circle Office and meet the Head (Might be Dy.General Manager) and request for ex-gratia in a polite way.  Though the time period is over, they may accept the application and settle the ex-gratia.

6. Regarding loan deductions, I do agree with experts that the Bank should not have recovered any amount once the full and final settlement advice is given to you and the the residual amount is credited to the legal heirs account.  Bank does not have any right to recover Rs.100000 straight away from the account without even giving a notice.  What would have happened is - this recovery is towards bank's loan.  It might be a recovery which had to be effected through salary deduction like Employees Credit Society loan/Employees benevolent fund loan etc.  Bank might not be aware of the outstandings at the time of full and final settlement.  Later when they approached the Bank, Bank might have effected the recovery as funds were available in the account which is wrong.  As you are telling Rs.60000 dues are credit society dues.  Bank can not deduct from the account on its own. Like wise you should ascertain the details of earlier recovery of Rs.100000/-.  Some of your father's known friends will help your family.  Approach them. 

7. As regards legal remedy - No right for compassionate appointment. 

Regarding Ex-gratia - you can request the higher authorities or the bank to exonerate the delay in submitting the application.  By all probability they may accept the application.  - If they do not heed, you can file Writ in the High Court for Ex-gratia.  But you should procure the guidelines for payment of ex-gratia through some of your father's friends. Otherwise apply for guidelines under RTI Act.  You can even ask for the details of Compassionate Ground appointments during the period from the death of your father to till now under RTI Act.

Regarding earlier recovery of Rs.100000/-.  Now you cannot do anything.

Regarding their harassment for payment of credit society loan Rs.60000/-.  Politely reply to the bank, you are not liable to pay the amount and no reminders should be sent to you. 

Firmness is different and Politeness is different.  If you do not request politely people will not help you.  This does not mean that you should forego your legal rights.  Legal battle with take lot of time for final verdict.  Hence try to avoid as far as possible and resort to it only if there is no other way. 

Hope you are well equipped.  With these tips, you can go to any local advocate and show your record to him in case if you are forced to fight a legal battle. 

My best wishes to your family.

Dear All Sir's,

Thank you very very much,i was waiting for such an reply,this type of suggestion and feedback will boost the common man who wont be much aware of the legal points.

Thanks a lot for Mallipeddi Jaggarao ,Doab and Sudhir Sir.

We have approached a lawyer and also we are meeting the Bank official personally in a short.

Plz i request you all to give such a suggestion and feedback not only for all the sufferers like me in future also.

Once again thanks a lot.

Sir,FInally i have a small request i would like to know how to apply for RTI,as i have heard about that but not aware how to apply,even for this i need to go through the lawyer or is there any other alternative way.

Regards,

Vijay.

Final and Last Reply:

Your appreciation is well taken.

Get in touch with some seasoned bank union, employee union, trade union leaders, RTI Activist, media journalist who adopt RTI route, and discuss your issues in person and seek guidance from these gentlemen.

You should be knowing some of them by now and choose the persons that are genuine and can help you.

As far as legalities are concerned these have been discussed.

Rest you have to do on your own.

“What is Right to Information” is attached.

“Full RTI Act can be located at:

www.persmin.nic.in

www.rti.gov.in

You can post RTI applications thru postmaster and it shall save money, go thru:

https://www.indiapost.gov.in/rticontents.html

Few websites help for RTI e.g;

https://www.rtiindia.org/forum/1989-launch-big-helpers-org.html

https://www.rtination.com

rtia-usa@getup4change.org

There should be a link to RTI at Bank's website also.

You may get in touch with them and settle your terms if any, with them on your own.

Remember you should do your homework and visit the persons that are inclined to help you not to seek tutorials on small- small things and value their  time too or people may avoid you. Even a lawyer may not like too much of consultation by phone or by repeated visits.

REST IS UPTO YOU AND YOU MAY PROCEED AS DEEMED FIT AT YOUR END AND ON YOUR OWN.

You are welcome Mr.Vijay.

Do not expect the experts to give the advice suitable to your thinking.

The experts actively participating in giving replies are all eminent people with lot of experience and commitment to serve the society. 

Hope you got the required message and are able to tackle the situation on your own keeping our advice back of your mind.