vasugee
26 September 2015 at 14:06
Dear Respected Judges, Law Experts, Lawyers & Other Honourable Members of this Forum,
Standard Charaterd Bank has announced that it had sold/transfered/released its entire debt dt 9/2/2010 to Shaha Fin Lease. now I have certain questions on the same
1)Customers were not informed that their personal credentials are being sold to some this NBFC
2)On June 5th 2005, there was an article in Indian express on how banks are already manipulating people to unknowingly sign away their rights. For instance, Standard Chartered Bank, it says, has sought a negative consent from its customers (the letter says ‘‘Non-receipt of any communication from your end by June 10th 2005 will be deemed as acceptance of consent and authorization’’) to share information about their account with ‘other’ parties. It claims that the consent is in accordance of a Reserve Bank circular ‘‘reference no. DBOD No. DL.BC.29/ 20.16.002/ 2002-03 directing all banks operating in India to periodically submit credit information pertaining to their customers to the Credit Information Bureau (India) Ltd. or any other agency authorized by the RBI.
Can such a sweeping authorisation be sought by a negative consent? What right does any Bank have to pass on customer data to anybody without specific consent? Shouldn’t customers be made aware of what they are signing away? Will the central bank wake up to such mischief only when the matter finally lands in court?
3)I have come to know some other forum, that SHaha Fin lease is not in the approved NBFC list of RBI? can any one pl re-check it again
4)The Bank for almost 10 years has not even sent a single communication to its customers, reg their outstanding amount or otherwise any amount to be paid, suddenly the customers receive calls from illegal elements saying they are lawyers/rep of Shaha Fin Lease, they are having all rights to collect money from the customers,, that too with exhorbent rates of intrest for example 17,000/- amount outstanding is now demanded for 4 crores and 95 lacs, if it is not paid, will call customers, neighbours/official colleagues and write to them that this personal is owing some crores of Rupees ot banks and he is not trust worthy etc, calling at mid-night hours, calling family members, threatening of arrest flying from Mumbai Court withh arrest warrent etc
5)Recently came to know about this news ;- From'
http://www.moneylife.in/article/are-credit-sudhaar-and-cibil-taking-borrowers-for-a-ride/30513.html
Mr Wadhwani and Mr Ramamurthy, the promoters of Credit Sudhaar had worked with Standard Chartered Bank and Citi. Both were also directors of SHAHA Finlease Pvt Ltd, an NBFC formed to buy bad assets from StanChart. On several occasions, the RBI, StanChart and the banking ombudsman had reprimanded SHAHA Finlease for its unprofessional conduct and unruly collection agents. Even on the Internet, there are number of complaints against SHAHA Finlease.
Credit Sudhaar, a non-specified user entity, is accessing confidential credit records from CIBIL while claiming to help individuals improve and maintain their credit health. Why is the financial regulator, RBI, silent?
Credit Sudhaar, a firm set up by former bankers Gaurav Wadhwani and Arun Ramamurthy, says it has a tie-up with CIBIL for offering credit advisory services and will help individuals in improving their credit health which will in turn enable customers to get better offers from lenders at the CIBIL Market Place. What it does not say is it is neither registered with the Reserve Bank of India (RBI) as a non-banking finance company (NBFC) nor it is a specified user entity of CIBIL but will access credit records of crores of individuals.
While there is no word from CIBIL on this strange partnership, what is surprising is how the credit bureau may have allowed a non-specified user entity to access its database. In a press release, Credit Sudhaar said it is associated with Dipran Finance Pvt Ltd. However, on its website it mentions affiliation with Safe Capital, an NBFC. In an email reply, the firm said, “Credit Sudhaar is associated with both Safe Capital and Dipran. Both Safe Capital and Dipran are members of CIBIL”.
Even on its website under the FAQ section, replying to a question “Are you approved by the RBI?” it says “Yes. We are affiliated with Safe Capital which is an approved institution as per RBI charter”.
Earlier, Credit Sudhaar used to mention itself as an NBFC registered with the RBI, which was changed later.
This also means, Credit Sudhaar may be using either Safe Capital or Dipran’s login credentials to access the CIBIL database, especially the portfolio review which gives complete details of an individual. Since Credit Sudhaar is not a specified member entity of CIBIL, this violates Section 22 of the Credit Information Companies (Regulation) Act, 2005 (CIRCA), which says...
22. Unauthorised access to credit information.—
(1) No person shall have access to credit information in the possession or control of a credit information company or a credit institution or a specified user unless the access is authorised by this Act or any other law for the time being in force or directed to do so by any court or tribunal and any such access to credit information without such authorisation or direction shall be considered as an unauthorised access to credit information.
Now that this being the situation, can all the persons of this forum affected by SCB and shaha fin lease or otherwise collectively write to the Finance Minister and RBI, pl help by putting our valuable inputs on how to draft a mail to them
And what is ur valuable opinon on the same, because in 2011 in another thread in this forum
http://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp#.VgZWAfmqqko
The person has written he has not received any favourable reply from banking ombudusman.
Please Help, this kind gesture of yours will be helpful to thousands of customers like me
Thanking you All
balu
26 September 2015 at 00:28
My mother got a ORC certificate Inam abolished act, but 1970-71 kabja colum show my grand pas name, my mother sisters suit a file on district court for partition so what are the legal rights of my mother and one more thing my grand paa write a registered will deed in favour of my mother may I know which favour judgement will come please sir
deep
25 September 2015 at 21:06
in our village a cell tower was installed before few months nearest residential area and specially school. the distance of school from cell tower is around 20 meters. then how to remove this cell tower?
ALOK SHARMA
25 September 2015 at 19:48
Sir,
I was working in Kendriya Vidyalaya Sangathan (underMHRD) as a teacher with Grade Pay 4600/. After 10 years of experience in that service, I apply for a post under Rajasthan Government (Through Proper Channel) after Selecting for the new post I submitted technical resignation for joining Under Rajasthan Government with Grade pay 4800/-.
I wish to apply for pay protection in my present service.
What are the necessary documents, i should produce for getting pay protection?
i request the experts to give their valuable opinion for which i will be thankful to them.
regards
ALOK SHARMA
Suvendu Sekhar Pati
25 September 2015 at 18:13
Hi,
I hold a HDFC bank credit card. One of my colleague who is working with me in last company has defaulted on his credit card payment. I have already left the company 1 year back. Right now I am getting calls from HDFC Bank person regarding the clearance of dues. When I mentioned to HDFC bank person that I am in noway is related to my colleague and not in touch with him for the past 1 year, they said that he has given my number. After that I came to know that he has dues which he is not clearing and the HDFC bank person is calling me. What should I do? Is there any legal complications for me in this scenario.
neeraj
25 September 2015 at 14:49
Sir my dept lodge an fir against me under section 406,409,420 . I am just 24 years old I have opportunities to go for higher posts but due to jealous my officer do this. Now I want to know can I go for new govt job and apply for them. As my service is in mp and I am resident of up. And working here only from 1 year. Suggest me what can I do to secure my career so it does not affect.
srinivasan
25 September 2015 at 12:16
We received Stay order copy issued by Madras High Court of Maduri Branch against ESIC implementation of Coverage for Construction workers.
Whether the stay order is applicable to All over India or specially for Madurai Region only.
The stay order Respondents are ESIC-New Delhi and Regional Director-Madurai. We are from Coimbatore region.
SIVA KUMAR
25 September 2015 at 12:09
sir, please clarify my doubt and give your valueble suggetios. After passed away my GRANDFATHER(GF) in 1987 we entered registered partition deed between legal heirs of my GF ie. my father, my brother, me and my 3 aunts all our family properties along with suit property got divided in 1989. In 2005 my GF brother's grandson filed suit in sub-court against my father and my 3 aunts claiming they have joint right on suit property which is my GF's self aqueired we got plenty recorded evidence. my aunts are not filed vacalatnama till today, they are all sold their entire share in suit property, we not having good terms with them.
My father filed falls & untrue written statement in 2005. He died on 2007.We implead as his LRS in 2008. On 2010 I & my brother filed true & correct detailed written statement order 9 rule 7 CPC as r/w 151 CPC with recorded evidence by adopting my father’s written statement filed before Mandal revenue office and sub-collector’s office where plaintiffs filed for pass book & title deed suit property in 1994-97.
After completion of plaintiff chief examination, pw1 & pw2 evidence in 2012 they filed affidavit to strike off our written statement, they claimed we can not deviate my father’s falls & untrue written statement. On 2013 I filed chief examination affidavit order 18 rule 4 cpc and on 2014 I filed IA order 1 rule 10 for implead me and my brother as independent defendants as we got separate possession, Pattadar pass books & title deeds independent right and title from 1989 through registered partition deed along with my aunts on the suit property along with other properties. My father, my brother & I living each other separately since1989.I,my brother and my father jointly sold many properties from 1989.
Kindly suggest & guide me
1.The sections order1 rule 10 wrote on IA affidavits to implead myself and my brother as independent defendants in trail court is correct or not? 2.To allow our additional written statement in the trail court as LRs to my deceased defendant father per order 22 rule 4 sub-rule 2 cpc how to file? pl. refer section file IA.
REGARDS
SIVA KUMAR
25 September 2015 at 11:11
Sir,
Before 1935 my grandfather (GF) and his 2 brothers were separated from joint family and they executed unregistered partition deed their ancestral properties in 1935. My GF’s elder brother have purchased house property in 1928 which is treated his self acquired in 3 brother’s joint family partition in 1935. My GF have purchased in his personal capacity after separating from his 2 brothers eleven land survey no’s and some house properties in 1938 at civil court auction in my native place. Since then we are enjoying them having in possession and paying land revenue taxes. All the revenue records stands in the name of my GF’s family members only till today which he purchased in 1938, he sold some properties out of them long ago. In 1986 after a period 48 years my GF’s elder brother have executed registered gift deed in favour of his 3rd daughter and his son-in-law, with 1/3 share only in 2 survey no’s which my GF have purchased in 1938. There is no donee’s acceptance signature in Rgtd. Gift deed. My GF’s brother (donor) and his 3 sons have got rgtd. Partitioned Deed in 1955. The donor or his sons in their partition are not claimed and not treated joint property the suit property and any other properties purchased by my GF in 1938. The donor and his sons are not claimed suit lands and purchased in 1938 on their files of A.P. land reforms at revenue office during 1974-45.
After passed away my GF we partitioned suit survey no’s and other our joint family properties and we executed rgtd. Partition deed in year 1989. My father, my brother and I entered one schedule and my father’s mother and his 3 sisters entered another schedule. My age is 52years and my brother’s age is 58years now.
On 1994 donee obtain pass book and title deed on influence. My father filed objection petition before revenue authorities for issuing of pass book and title deed to donor. After conducting enquiry considering revenue records enjoyment, possession, title and rgtd. Partition deed in 1989 the Mandal Revenue Officer (MRO) cancelled donee’s pass book & and title deed and issued separate pass books and title deeds each other in favour of my father, my brother, me and my aunts. Since before 1989 my father, my brother & I living separately. I and my brother got separate possession, independent right and title over the suit property since 1989. After donee’s appeal before Revenue Divisional Officer (RDO) he asked both parties to approach civil court. My father filed appeal before Joint Collector’s Office, still it is pending.
On 2005 donee’s family filed suit in sub-court against my father and my aunts only without knowledge of me and my brother. My aunts are not attended court and have not filed any written statements till today. We not have well term with them since the period of my GF. They are all collided with plaintiffs and their family. My father has filed false and untrue written statement (order 8 rule 1 cpc) in 2005 which is entirely different from which he already filed before RDO & MRO office. He passed away in 2007. We were impleaded as his LRS in 2008. On August 2010 I & my brother filed true & correct detailed written statement (order 9 rule 7 CPC as r/w 151 CPC) by adopting my father’s written statement who filed before MRO and Sub-Collector’s (RDO) Office through another new advocate with recorded evidence and proof. After completion of plaintiff chief examination, PW1 and PW2 evidence in 2012 plaintiff filed affidavit for strike off our written statement filed on August 2010, they demanded that we can not deviate my father’s falls written statement. On 2013 I filed true and correct detailed chief examination affidavit (order 18 rule 4 cpc) and based on our independent right, title and possession at the end 2014 I filed IA affidavit (order 1 rule 10 r/w 151 cpc) for impleading me and my brother as independent defendants to file detailed true & correct written statement to protect & prove our rights. Recently plaintiff filed counter for dismissal of my IA (order 1 rule 10 r/w 151 cpc) all proceedings in the trail court pending till today.
Kindly suggest & guide me
The proceeding chosen by me in trail court is correct? 2. Shall I have to file any other petitions instead of which we already filed? 3. Shall we have to file any separate petition to allow myself and my brother as independent defendants? 4. To allow our written statement in the trail court as per order 22 rule 4 sub-rule 2 cpc how to file? Pl. refer sections?
REGARDS
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Mental harassment due to neighbors
Mental harassment due to neighbors
Respected Sir / Madam ,
I have s strange problem due to my neighbors as they keep hammering out our flat with a hammer and same has be now conti for last 3 years. i have made NC to local police station along with NC for last 3 years i am also having Video record clearly showing the the hammer outisde my house and on various ocassion i got recording with me. Local Police of Borivali west is not able to take FIR not any action because the fmly has got some political pull with them.
i have got various NC for past years and video recording with me on various occaasion.
also my parents both are sr.citzen. i wanted to know any strong action is possible from Court order as local police has no say in this as per them this is small issue. my parents are really tired out this for past few years . all this is been done so that we agree to there terms of redevelopment and agree to the builder they want to hire.
Thanking you and Regards,
Prathish