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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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pramod   07 May 2012 at 00:59

Credit card bank hold on fund on savings account

Respected Experts,
Kindly advise me on the following circumstances to defend the right of mine as per its due procedures of law;

1. That I was a credit card holder of private bank for the last few years till 2010. Since the beginning of allotment of the said credit card in the month and year of March, 2006, that I was very prompt on payments of outstanding on or before its due date of its payment. I never used to make part payment towards its due rather I had preferred to make the monthly outstanding in full payment. Never ever carry forwarded monthly payments after paying minimum charges of outstanding, which is to basically avoid double interest rate in the next proceeding month.

2. Meanwhile, in the month and year of November, 2010, that one of the monthly payment I could not pay on or before the due date. After the due date some of the agency of the bank had called me up and instructed me to pay the outstanding on the very day itself. I had politely expressed my inabilities to make the said payment for that month due to my financial constrain. Later the agency personnel again called me up to make the payment immediately to avoid penalty charges and remarks of defaulter status on CRISIL rating. I have further expressed assurance that I shall be making the payment in the next month but the agency personnel were very rude and abused me on telephone. Hence I have filed a Police complaint.

3. Even after filing the Police complaints that the harassments were continued. Later I was constrained me to file further Police complaints and RTI applications on those complaints. Meantime I have received RTI reply from the police that they have referred the matter to concerned Honarable Magistrate for permission to prosecute those agency people.

4. Sometime later in the month and year of February 2011, that I have received a notice U/s 20 (2) of Legal Services Authorities Act, 1987, for an arrangement of Pre- Litigation. The total outstanding shown as Rs. 34544, instead of Rs.29000. Hence the matter is referred to Lok Adalat, failing to appear in the proceedings may cause further legal consequences. I have sent a letter to the office of the legal aid center, that, I shall be appearing for the same and would be happy to settle the matter. Later in the proceedings I have shown my willingness to pay the complete amount of outstanding to settle the matter and requested the bank to activate the services of my credit card and to bring up on the agency people for apologize for the act of misbehavior and abuse which was not legal. But the personals were reluctant to my conditions and informed me that it is an opportunity to settle the issue and to clean up your credit reports of my financial status. Somehow I have not convinced with the idea of that settlement and decided to defer with their propositions. I have even argued that I was always prompt on payments and never made default except the one in which the very own matter before and for that I was abused and now you have put me into black list of defaulters. Thus, you have caused loss and damages to my credit worthiness in the financial market. I have also expressed my genuine concern with relevant questions that the bank nowhere had mentioned at the time of allocation of the credit card that in case of nonpayment you may have to go through such experiences of recovery people who may abuse or assault you if you don’t pay.

5. Thus Lok- Adalat could not find a solution for me, particularly with my genuine concern of my legal agony and misery as of a legal right. In the meantime that I have received many notices from respective bank counsels to pay the outstanding else I may get prosecuted and tried. Till this date, in spite of more than a dozen notices and reminders neither the bank nor its lawyers have initiated any legal proceedings against me. I do not know the reason that why they have not initiated proceedings till now. It appears from the conduct of the Bank that in spite of lawyers notices they still prefer to engage agency personnel to recover the dues.

6. However the matter is still pending on hold for prosecution against me for nonpayment but rather the Bank found a way to place a hold on funds at savings account maintained by me in the sister concern or division of this private bank. My account has been debited for Rs.22000 against balance of credit card without my permission and consent. Notice served on 18th April, 2012 and fund seized on 18th April 2012 before the same reaches me in the meantime. The reason mentioned IN THE NOTICE that by the Bankers lien and Right of Setoff option the Bank has placed on hold the said amount and shall be debited against the part payment of outstanding of credit card that if I don’t remit the balance of the same within 7 days, it has also mentioned that the Bank shall be vide the cross default clause of the card member agreement the same shall be debited.

Therefore, my humble question to all respected experts;

A. Is this legally correct? If no kindly advise me.

B. If it is legally correct then what about the contractual agreements held between me and the bank, with respect to the due procedures of law of the agreement?

I shall be thankful to all your kind contribution.

Thanking you once again.


Abhishek Tawri   06 May 2012 at 21:46

Suit related to shares

a person sold his shares to a share broker firm and took amount in cash no any cash receipt was taken at that time due to good relations between them.
Now the person filed a case against the broker that he lended his shares to broker but now broker is neither returning the shares nor giving the amount of those shares.
what relief the share broker has and what can be the expected result.

saurabh   06 May 2012 at 16:43

Stamp paper agreement

sir i want to give 1 lak rupee to a needy person.we have an agreement on stamp paper that he will give me mony after 20 dayes when his work will be finished and he also give me 1lak cheque with stamp paper with the date of after 20 days...how much value of stamp i have to choose??? and what are the legal action after 20 days if he will failed his promiss????can we use the stamp paper in this matter????if he cheat me...what will the procedure to money back?????sir plz guied me as soon as possible............plz plz

Pranav S. Thakkar   06 May 2012 at 16:31

Jmfc preparation

Dear Sir(s),

I am appearing for the JMFC Exam.

I am need guideline to prepare for that level Examination.

hope for your kind co operation.

jatin mehta   06 May 2012 at 15:36

I was minor when i signed

hi , i want an advice what to do

i was a minor when my mother and my aunty where doing business from home and where friend , my aunty use to bring cloth for sell to my mother and my mother use to sell them from home and use to get some money for sell from my aunty , but my aunty was very agreedy she use to fight with my mom for even 10 rs , ever time i have to go to my aunty house to give her money for what cloth where sold , and she use to give commission for same and she use to write for same on a book , one day when i went to her house for giving money for the cloths sold , she had very big fight on phone with my mom and she give commission money to me and took my signature on that accounting book which she had maintan , these is the time in 1994 , these contiune till 1998 and one day my mother and my aunty has big fight for commision money and they stoped the business

and even bad words where used in fight from both side , from that day my aunty is after me and every time when ever she sees me or my family starts shounting on road or any where , many time she comes in our society and also do all such things , she say she had given money 705000 rs to me ( jatin ) and she want that with interest on that , she had made all figures on that accountimng book on which she had taken my signature and now she threatening us haressing us every now and then , she had made police compain against me mamny time police man comes and take me to police station and take my statments , and now she had thearten of court to us



she is saying she had lended 705000 rs to me in 1998 when i was minor as i am born in april 1979 , i want to know from so many years she is harresing me and my family and she is thearting us what should we do , we have not taken any mony , but she has taken my signature on account book which she use to give us commision that is a plain note book , but she has changed all figures form 200 rs to 200000 rs and know she is coming to my busines place also very now and then and making us feel so embrass and i am crying



can she haressme for such way , i am today of 33 years and still afraid of her please advice me what to do , as we had done cross NC in local police also



aunty stays alone witgh her daugter and her husband has left her and also her son has left her they are not staying with her

i am in a troma please advice , she has gone to bandra highcourt for free advice on these and bandra court is calling us to attend the court and tell our side before they advice her , few day before a local police came to give us thet bandra court notice



i am worried after so many years can she do a case on me , i was minor when i did that signature and had not taken money also please help me advice me

Arvind Singh Chauhan   06 May 2012 at 10:07

Strange problem

Sir,
I have filed declaratory suit on behalf of "A" as to declare her, wife of "B".

"B" was serving in Asam Rifels and died. "A" applied for family pension but Asam rifles denied as "A" is not recorded as wife in their record and "C" is recorded as wife. This time "C" is getting family pension of "B".

In 1996 court rejected "C"'s application under 125 as not being legal wife of "A". I have sent this judgment to Asam rifles, but they are ignoring. That's why I filed civil suit for declaration and mandatory injunction.

Mean while One bank has issued notice for the recovery of loan of "B" to my client deeming his wife. What should I do ? Whether we should pay or deny ?. Whether this may help us in civil suit ?

Kenbom Bagra   06 May 2012 at 07:16

Appeal

can i amended my Petition after question of maintainability of Petition Started in court

kamal   05 May 2012 at 18:07

Rentlaws

eviction orders havebeen passed against me due to non payment of rent. stillihave not vacated and landlord has filed execution of eviction orders. can i file appeal or ask for stay without payment of rent. if so on what grounds so that eviction does not take place.

kaushal ramesh   05 May 2012 at 17:39

Authentication by law of unregistered agreement (signed by witnesses)

What is the credibility of a unregistered agreement (signed by witnesses) to sell and is it honored in the court of law
Are there any ruling for such cases ?

Ranee.......   05 May 2012 at 17:27

About cheque clearence

Reaspected Sirs,
I am persuing a 1 Year diploma course in Interior designing from an institute which head office is in kolkota, I am doing from Its Guwahati branch.They cheated students with many false statement while counselling and after admission (feesRs10500) they denied many of them.Even they did not provide us study material until December.(Class from July 8th'11).When we pressurized them then they provide study materials.Beside this Admission fees we have to pay three installments of 15000/ which all i have paid by cheque.
But the 2nd installment which i paid by cheque was bounced unwillingly due to insufficient balance.When they told me that it is bounced I wanted them to return the cheq back but they did not return.So I blocked the same in my branch and gave them new cheq which was immediately cleared.It happened in Feb'12.Now they, from kolkota office insisting that my this (2nd)cheq is also bounced and they are not telling me about bank statement neither returning me the same and insisting me to pay cash again.
In 11th April I paid 3rd installment which is neither bounced not they have told me anything.but this cheq from SBI is not cleared yet.I think they are intentionally harrassing me as i pressurised them for text books, to commence class soon..etc...
Now what to do?My exam is last weeek of this month.please advice how to tackle this situation without hampering my diploma.