Anonymous
27 November 2011 at 09:45
Sir/Madam,
I have two home loans in my name; one is from CITI BANK and the other is from ICICI BANK.
1) In case of citi bank loan an amt of Rs.19,00,000/- was sanctioned,but only an amt. of Rs. 15,50,000/- was disbursed in Feb.2008. I paid the Emi. of Rs.21,587/- p.m on Rs.19,00,000/- from Feb 08 to January 2009, but the bank neither gave any explanation about the non disbursement of Rs.3,50,000/- nor rescheduled the loan. Further interest & processing charges are charged on Rs. 19,00,000/- and not on the disbursed amount of Rs.15,50,000/-.Hence I stopped the payment of monthly Emi. Of Rs.21,587/- from Feb.09 till date with the prior notice to the bank and sent three legal notices to the bank seeking compensation for the breach of trust, mental agony and hardship I suffered and business losses due to nondisbursement of the amt. of Rs. 3,50,000/- which I had to divert through my business capital and pay to the seller of the flat to complete the Purchase deed .No reply from the bank yet on this matter but, instead, on 15th July 2010, the bank issued me the legal notice under section 13(2) of Securitization and Reconstruction of financial assets and Enforcement of Security Interest Act.2002 which was duly replied by me immediately. After that I complained about the misdeeds committed by the bank to the banking Ombudsman and the Fraud monitoring cell of RBI.But the banking ombudsman closed my complain recently stating they did not have thorough rights to investigate further and resolve the matter. Fraud monitoring cell of RBI,however has also not shown any interest & has not given any reply to my complain till date. I have informed the bank that since the total agreement value of the loan i.e. Rs.19,00,000/- was not disbursed in full and the power of attorney therein was notarized in my absence , the loan agreement has become illegal and invalid , thereafter , I gave notice to the bank & revoked the alleged Power of Attorney inside the Loan agreement and hence again informed the bank that in the absence of the valid loan agreement and the mortgage deed, the bank does not have any rights regarding the property involved. The bank has not given any reply on this since then. But,.recently the bank has offered me to waive of the penalties & interest on the loan which I have not accepted as the bank has kept matter pending for so much time intentionally , so as to increase these charges.
2) In case of Icici bank loan, An amount of Rs. 15,45,000/- was sanctioned and disbursed .but, I was Promised a rate of Interest 8.5% p.a. & the actual rate of interest charged by the bank is @ 13.5% p.a. When I demanded the copy of agreement from the bank I found that my wife`s & my signatures on the agreement are forged & the portion of the agreement is scribbled & tamperedwith .The changes are made in the agreement in bank`s favour fraudulently. Further the cheque for the processing charges of Rs. 25,000/- is cleared in the name of Bank executive and the bank has charged the processing charge twice which is debited to my home loan a/c. I have sent two legal notices to the bank seeking compensation for the breach of trust, mental agony and hardship and the 3rd notice to bank has been returned with the remark the addressee shifted. I paid the Emi. from Feb 08 to January 2009, and due to this cheating by bank I have stopped paying the Emi from Feb.09. but no reply from the bank yet and nobody from the bank is approaching me regarding the matter. After that when I approached to the M.D. and C.E.O. of ICICI Bank CHANDA KOCHCHAR and complained against these misdeeds, my allegations were denied by the bank. Hence I got the copy of the loan agreement, which was sent by the bank, examined from the Forensic Document Examiner HIRAL MEHTA, who replied in writing that indeed the signatures on the copy of the loan agreement were forged. Hence I have sent the copy of her reply to the M.D. and C.E.O.of ICICI Bank CHANDA KOCHCHAR, and to the Fraud monitoring cell of RBI on 29th April 2011.Earlier the Banking Ombudsman Had closed my complain stating they did not have thorough rights to investigate further and resolve the matter. It is almost clear that the ICICI Bank has cheated me intentionally by preparing the false and totally bogus loan agreement and forging my signatures. On 30th October 2010, the bank had issued me the legal notice under section 13(2) of Securitization and Reconstruction of financial assets and Enforcement of Security Interest Act.2002 which was duly replied by me immediately. Since then no correspondence from the bank on this matter. What can be done to resolve the matter and get the compensation from the bank for the cheating, breach of trust, mental agony and hardship committed by the bank intentionally?
I have complained against Citbank & Icici bank to the Commissioner of Police, Mumbai, the Commissioner of Police, new Mumbai, & to The senior Police inspector of the respective police stations under sections 409, 415, 418, 420, 463, 464, 467,468, 470, 471,474,477A etc. of the IPC. Currently the investigations by the police are going on. Meanwhile , it is learnt from the reliable sources that on 13.10.2010,Citibank has approached the court to execute the agreement & the Power of Attorney therein under the SARFAESI ACT. But yet no summons has reached to the borrower. The borrower does not know, which court Citibank has approached?
Please advise me on, what is the procedure to execute the SARFAESI ACT to recover the dues? How much time is generally required for getting an order under SARFAESI ACT ? If the home loan agreement is disputed and the power of attorney is already been revoked by the borrower, can any court give such an order in the favour of the bank to attach the property under SARFAESI ACT exparte? If any order has already been passed against the borrower by the court, favoring the bank within how many days or months it would reach the borrower?
What are the remedies available to the borrower to challenge & nullify the order passed by any court under SARFAESI ACT ? What can be done to resolve the matter and get the compensation from the banks for cheating me intentionally & causing me the huge financial losses?
Anonymous
27 November 2011 at 08:41
Is there any law under which any Co-operative housing Society can ban the owner from selling his flat to the person from any special caste(eg. muslim)? if such a decision is already been taken by the members of the society in the society meeting, what are the remedies available to the owner to sell his flat to that person belonging to the special caste (eg. muslim) ?
Anonymous
27 November 2011 at 08:39
Before charity commissiner in the matter application u/s 41[d] of Bombay public trust Act.Can applicant file Application under order 11 rule 1 of code of civil procedure for interrogatries[questions].
Anonymous
27 November 2011 at 08:36
I am fighting a case in the High Court, I feel that in-camera hearing may obstruct the Court's way to be dishonest,how to apply for that ?
Is this in-camera hearing for some special cases or Courts or any one can apply for that?
What is the process?
R Banerjee
27 November 2011 at 03:31
I have made an legal separation from my wife. I lodged this case in the month of April'2011. The respondent already appear two times in the court and declare that she was not with me from April 20th'2011. But Nov'2011 she made a wrong F.I.R (498 & 406)against all of my family. And the F.I.R contains all wrong blame aginst us. We have beaten her and we thrown out her from our house. But at that time I was in my work place, it is 200km away from my house. Police arreted my brother and next day we got the bail of brother, mother & father. I just want advice how we will go forward. I feel hopeless, so I am sending this query to you. And also what kind of case I can lodge against her & her family.
Adv.Rajendra Kothari
26 November 2011 at 20:27
Can executing court prevent to decree holder to withdraw the decreetal amount so deposited by the judgement debtor without any stay order from higher court and only on the basis that the judgement debtor has preferred an appeal before higher court? As well as whether the executing court can impose condition to furnish bank guarantee upon granting permission for withdrawal of decreetal amount?
Anonymous
26 November 2011 at 17:15
Dear Experts,
Can a Decree for possession be executed part by part by different Execution petition in same court, One Schedule of properties one time and later other schedule, of a same decree by the same plaintiff against same defendants ? (All are immovable properties)
Mrs.lakshmi
26 November 2011 at 16:28
NAMASTE TO ALL
I AM POSTING THIS QUERY BEHALF OF MY SON WHO IS YET TO ATTEND IES FINAL INTERVIEW AND NOW IN A MENTAL TRAUMA...
MY SON COMPLETED HIS ENGG DEGREE WITH DISTINCTION IN ELECTRONICS BRANCH AND THE SAME INSTITUTE AWARDED HIM PRESTIGIOUS MEMBERSHIP TO HIM IN 2007 BUT IN THE MID OF THE 2008 HE GOT LETTER FROM THE INST THAT HE FORGED THE SIGNATURE OF THE PROJECT GUIDE BUT WHEN WE GOT THE NECESSARY DOCUMENTS FROM THE INST WE CAME TO KNOW THAT THE PROJECT GUIDE WAS FORGOT TO PUT HIS SIGNATURE AND INST HAS EVALUATED HIS REPORT WITHOUT THE SIGNATURE BUT THEY ARE CONVINCED AND EXPELLED HIM IN THE LAST MONTH...BUT I NEED REPLY FROM THE EXPERTS FOR THE FOLLOWING QUESTIONS
1.MY SON HAS ALREADY GOT HIS MARKS CARD,CERTIFICATE AND MEMBERSHIP SO CAN HE USE THOSE CERTIFICATE IN FUTURE BECAUSE HE GOT SELECTED FOR IES FINAL INTERVIEW
2.ALSO ACCORDING TO BYE LAW OF THE INST AFTER EXPULSION THEY HAVE TO ASK FOR CERTIFICATE AND MEMBERSHIP BUT IN THEIR LETTER THEY HAVE MENTIONED ONLY EXPULSION BUT THEY HAVE NOT MENTIONED TO RETURN THE CERTIFICATE SO PLS TELL ME WHAT WILL BE THE MEANIBG OF IT
3.ALSO EVEN AFTER EXPULSION FROM THE INST IN OCTOBER THEY HAVE SENT AN MEMBERSHIP ID CARD TO MY SON IN NOVEMBER SO WE ARE FULLY CONFUSED
AND MY SON IS IN A GREAT PAIN...SO I REQUEST DETAIL REPLY IN POINT FROM THE EXPERTS...
PLS....THANKS
Anonymous
26 November 2011 at 16:02
JD is arguing in the execution court that he had the allotment later and possession given to him by the urban improvement trust in 1960 but he did not register it so he has imperfect title so without it he can not make registry in my name.decree is for specific performance of contract to execute the agreement for sale of the land decreed in SC.if i go for the registry in his name (he is playing mischief) land is worth crore's and he has not executed the lease deed and registry so the JD will harass me and uit official will make my life measurable.i want possession and registry in my name only from him.can the execution court on it own order registry and give me possession which is vacant till date. i am 86 ys age and i am fed up so please advise me with citation THANKS in advance.
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Private or public charitable trust
If we plan to start an Educational Institute and plan to invest our personal funds in it, should
we make the entity a Private Charitable Trust or a Public Charitable Trust? What are the fundamental differences and tax implications? Can you change a Public Charitable Trust to a Private Charitable trust in the future after a resolution is passed by the trustees and approved by the Registrar?
Really appreciate your reply
Thanks in advance.