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Bhupesh Deshmukh   26 June 2021

Guarantor of friends personal loan taken from co operative bank

Hello sir My friend has taken personal loan of 2lakh ₹ in 2013, for which me and another friend of ours are guarantor. He has paid loan emi on regular basis for first 2 years. Then he left the city and paid amount only upon asking. Now he has not paid any amount to bank since March 2017. For which bank has issued notice stating final notice to all of us I guess as I received it. (the other guarantor has left the country and the loan borrower is not reachable) Bank has put one of my account on lien ( IDBI bank of which checks as a guarantee I had submitted while taking loan) in 2017 which is hampering my CIBIL very badly. The account is in NPA status now. I do not receive any further notice from bank. What ever the communication happening with bank is telephonic. As per schedule the loan suppose to close on 2018. Now on 22 June 2021 bank has debit freezed my salary account of ICICI bank. Upon asking in ICICI bank they are not providing me details of the letter that has submitted to them by the co operative bank. And ICICI bank officials threatened me saying they will issue draft of amount if the co operative bank ask for it. They are asking me to contact the co operative bank which I did. Now co operative bank officials are asking me to find the loan borrower get him to the bank of pay the money. What should I do.? Does bank have rights to freeze my account without any notice..? ICICI bank officials not providing me details on what basis they blocked my account. Is it possible that they can issue a recovery draft from account to co Operative bank.?

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 5 Replies

G.L.N. Prasad (Retired employee.)     26 June 2021

Your responsibility is undisputed and the co-op bank has to proceed against you legally.

But ICICI bank freezing an account on the basis of the letter from a Co-op Bank is unknown in Banking circles.

Only a competent court, law enforcement authority can freeze the account.

Immediately issue a Registered Notice to ICICI bank as follows>

Please inform the specific reasons on the record for freezing SB Account No.....................standing in the name of....................at................Branch. and all those documents in the form of basing on which the account was frozen, together with a copy of such Manual of instructions that empowers ICICI bank freeze the salary savings account on a letter from Co-op Bank.  As the salary is sustenance for an employee and higher amounts may be needed during the pandemic period.. Please take notice that if no reply is received within a week from the branch, the complainant depositor will be constrained to approach the Banking Ombudsman/District Consumer Forum/Court for further relief for deficiency of service and harassment by the banker.

Wait for 15 days and post this as complaint on line to Banking Ombudsman.

After one month of serving the notice, file complaint before District Consumer forum.

P. Venu (Advocate)     26 June 2021

As the guarantee, you are liable. However, the Cooperative ought to have adopted the sue process of law. Other banks have also overreached themselves. You may take up the issue with the RBI/Banking Ombudsman, as already suggested.

Bhupesh Deshmukh   26 June 2021

Thank you very much sir

P. Venu (Advocate)     27 June 2021

In my above reply, "However, the Cooperative ought to have adopted the sue process of law." may kindly be read as "However, the Cooperative ought to have adopted the due process of law..

The lapse is regretted.

 

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

The act of freezing your bank account by the ICICI bank is illegal because you are not indebted to this bank in any manner and they cannot act on the advise of other bank to freeze your account. 

The cooperative bank has to follow the procedures of law to recover the loan amount amount from the guarantor if the borrower is absconding or defaulted in repayment of the loan amount.

You can issue a legal notice to the ICICI bank as well as to the cooperative bank questioning their authority or under which rule that they adopted this step to freeze your account and then you can drag both the bank to consumer forum for unfair trade practice as well as for deficiency in service.

 


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