(Querist) 26 June 2021
This query is : Resolved
Sir, I got personal loan from a private bank and last four EMI is pending due to health issue and corona infection to my family members. The loan account is in NPA. i am a govt servant. The bank threatened me and sent loan recall letter on 31.5.2021. Again i asked time to repay pending EMI before 10.7.2021. The bank legal manager stated that if you are clear due before 30.6.2021, "we will take legal action against you by sending notice to (1) you, (2) your officer, (3) your department higher officer at state level and file a petition in your local police station by stating he is not pay the loan etc". Whether any rule is there or they will issue legal notice to all my higher officers and file petition in police station? If they will do, this will affect my govt job and promotion. Please suggest me to overcome threatening issued by bank.
Advocate Bhartesh goyal
(Expert) 26 June 2021
Bank can send you legal notice regarding due and outstanding loan amount and thereafter initiate legal proceedings for recovery of loan amount but can't legally issue notice to your higher officers or authority.your above dispute is of civil nature so police can't take any action against you.legal action taken by bank will neither affect your Govt job nor it will create any obstruction on your Promotion.
(Querist) 27 June 2021
Thank you sir The bank cleverly going to file petition at police station stating absconding of person who got loan against me, even I am working in govt office regularly and the bank staffs met me regularly. During corona lockdown I went to native place for taking care of my parents. So now bank threatening like this. Totally a.mental torchure and damaged my name. Pl advice me sirs
(Expert) 27 June 2021
The only course open for the Bank is to approach the Court, secure a decree and execute the same. Recovery from salary is one of the modes of executing the decree.
Dr J C Vashista
(Expert) 27 June 2021
The Bank shall have to institute recovery case before Court/ DRT on the basis of legal demand notice recalling the loan and declare it as NPA which shall not be there as there is moratorium during pandemic.
The Bank may approach Pay & Allowances Office (but certainly none of other officer) of your department after passing of decree / award for attachment of salary in execution. Record such threatening calls for future evidence and lodge a police complaint against such caller.
T. Kalaiselvan, Advocate
(Expert) 30 June 2021
The Bank can issue a legal demand notice to you for default in loan repayment but it has no authority to send the copy of the notice to your employer or the police. It is not a criminal offence. The bank has to folow the due process of law for recovery of laon amountas per the provisions of law meant for this purpose according to the situation. If the bank manager is threatening you to initiate action through employer or police, you can issue a legal notice to the manager instructing him to refrain from indulging in such illegal activities and ask him to proceed legally for recovery of the loan amount as per law instead of adopting such illegal and cheap activities.