shirish
03 April 2017 at 14:33
Hi Sir,
I have SBI credit card with 68000 limit,I have paid 6 month minimum amount, after that, due to non payment of minimum dues the amount has overdraft, and the outstanding amount is 100000 right now. The bank has moved my card to write off stage. So have paid 16000 and provided a post dated cheque of 20000, on 15th march. I could not able to pay 20000 at a time so I have requested the agent to stop the cheque. The agent stopped the cheque and I have paid 10000 cash on 28th March 2017. He said me to arrange another 10000 in 2 days which is not possible for me, so he submitted the cheque in bank. Now I have paid another 10000 through online payment. what are the consequence i need face now
Samir Thaker
03 April 2017 at 14:17
Sir, My father had purchase 14 acers land in varvala village near dwarka, gujarat and had been doing farming there then he sold that land and purchased a small piece of land in dhinaki village in my mother's name, now we as mother is no more we have asked the revenue authorities to transfer the same in my fathers name. But the revenue dept is now asking us for proof of being a 'Farmer' which we are not having. The land has been purchased under auction by govt of rehabilitated person Request your guidance
Kvijay12345
03 April 2017 at 13:51
My friend had applied for personal unsecured loan from the private bank. In Dec 2007 the loan was sanctioned and the sanctioned letter was issued alongwith three disbursement cheques. The loan was promised at 18% and later it was sanctioned at 20%. Hence the borrower returned all the cheques to the bank alongwith the request for loan cancellation. The bank also issued loan cancellation letter to him. But meanwhile the bank kept debiting his installments as the borrower had signed the Ecs Mandate form earlier. At the time of processing the loan the Bank also had taken six blank signed cheques from the borrower on the pretext of confirming the MICR code for the Ecs facility for repayment, and on the promise that they would either destroy the cheques or return it to the borrower once the loan is sanctioned. But the bank neither destroyed those cheques nor returned them to the borrower.
Without paying a single rupee to the borrower, the bank kept debiting the EMIs on loan till six months and finally after six months made the borrower to accept the loan. As the bank had already debited six Emis in advance and refused to refund them to borrower, finding that there was no option left, the borrower finally accepted the loan after six advance EMIs were debited. All this was done by the bank by using the same old loan documents and agreement signed in blank by the borrower in Nov.2007 and after that when the bank finally disbursed the loan in June 2008, no new loan agreement was made by the bank. The borrower was issued three loan sanction letters time to time. In Jan.2009, the borrower defaulted on this loan after paying EMIs for one year.
In 2011 the bank assigned the rights of this loan to ARC. Meanwhile the bank had misused five of those six blank signed cheques given by borrower to the bank at the time of processing this loan. The bank filled in the amount and dates and bounced them periodically from Jan. 2010 to dec.2013 without giving any notice to the borrower prior to depositing or after the dishonor of these cheques and intentionally kept the borrower in dark.
Now In sept.2016 the ARC has filed the matter in DRT by misdirecting the court that the borrower had acknowledged and admitted his liability of loan by issuing those cheques periodically for the part payment of the loan. Hence the law of limitation doesn’t come in action here. The fact is that the borrower had never issued any cheques for repayment or part payment of the loan and it is clear from the fact that the handwriting on these cheques is of some other person and not of the borrower. Also the mode of repayment was through monthly ECS. The loan amount was 6,50,000/- and the value of the dishonored cheques is 4,30,000/- The bank had never issued the copies of the loan documents including the loan agreement signed in blank by the borrower at the time of processing the loan despite of his several requests to them from time to time. The borrower has all the documentary proofs with him.
My questions are 1) Are these old loan documents including the loan agreement valid considering the fact that the borrower had returned all the disbursed cheques to the bank and after that for six months there was no any actual disbursement of the loan by the bank and also the bank had issued the loan cancellation letter to the borrower stating that the loan cancellation is under process, but still kept debiting the EMIs on loan without a single rupee being disbursed to the borrower? 2) Is this matter tenable in the eyes of law and is this case maintainable in DRT ? 3)What steps does borrower needs to take in this matter and what are the legal remedies left with the borrower against the bank and the ARC? Can the borrower make counter claim in Drt for his hardships and sufferings caused by the bank and ARC?4) As the bank never issued copies of the loan documents including the loan agreement signed in blank by the borrower at the time of processing the loan despite of his several requests to them from time to time are the terms and conditions inside the agreement applicable ? As neither the bank nor the ARC issued any notice to the borrower before depositing the cheques or after the dishonor of the cheques, is this matter tenable and maintainable in the eyes of law? Is this not against the natural law of justice where no opportunity was given to the defendant to defend himself before approaching the court? Please guide me.
Samir Thaker
03 April 2017 at 13:16
Sir,
My father had purchase 14 acers land in varvala village near dwarka, gujarat and had been doing farming there then he sold that land and purchased a small piece of land in dhinaki village in my mother's name, now we as mother is no more we have asked the revenue authorities to transfer the same in my fathers name. But the revenue dept is now asking us for proof of being a 'Farmer' which we are not having. The land has been purchased under auction by govt of rehabilitated person
Request your guidance
Deeksha Singh
03 April 2017 at 12:34
Hi,
Please confirm what would be reliever charge a Security agency can claim if we have hired Security Guards on monthly contract.Their rates are high from the their Manpower service charge.
Mirtyunjay
03 April 2017 at 12:03
My mother in law dead recently in mau dist of up, india, she has 1 son and 5 daughtres all are married and her husband also alive . her named 10 decimal land. Now who is legal right of this property...
Rakesh K Sharma
03 April 2017 at 11:43
Please send me the legal notice format u/s 138 of negotiable instrument act.
arunkumar
03 April 2017 at 11:20
my grandfather left a property without making any will and died in 1983.My father and uncle and aunty endorsed their names after completing the formalities.my father and uncles and aunt died recently in last 4 years. myself and brothers have already given application to endorse our names in place of my fathers share but evenafter a year or so the pune cantonment has not changed the names.Now i want to buy this property by paying the shares of my uncle and aunt to their sucessor (sons/daughters/grandson etc)through a registered release deed. Is it possible to get this release deed registered though our names are not there on the property card.There is no dispute about the share and all sucessors are ready to come and sign in front of the registrar.Also clarify the validity of this release deed.
J JAIKANTH
03 April 2017 at 10:39
We do not find any merit in these petitions. The
special leave petitions are, accordingly, dismissed.
Pending application, if any, stands disposed of.
This is the order by Supreme court of India on a civil partition suit and against the judgement in high court. I am the Respondent. in high court the case judgement was in favor of Respondent
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FIR
When the FIR (for cheating, forgery,criminal breach of trust etc.) is registered against the bank and the matter is pending for investigation for forgery of documents ,in whose custody the original documents should be lying,the bank or the police?