rajangam.m
15 April 2014 at 16:16
Dear All,
I need the best law journal(monthly)name for consumer cases specfically pls send it the name..
Regards,
M.Rajangam.
Advocate.
M P Singhania
15 April 2014 at 15:58
I have seen in a link a link where I have seen your views and it is clearly mentioned that Prepayment penalty cannot be charged as per the RBI guidelines which you have to find out from the guidelines
I have taken a CC limit from Axis Bank and the main points are given below:.
1. I have never approach Axis Bank for the Cash Credit Limit as I was approcah by the Branch Manager along with his staff Mr. Suman and convince me to transfer the loan from State Bank to their Bank and will give me better facilities like increase of CC Limit in my acconts. Then I have decided to transfer the loan from SBI to their bank.
2. After submitting all the papers, I have received sanction letter along with so many agreement letters and in good faith,I have signed all the documents and at the time of signing the documents, the Branch and officers who came from Guwahati has never informed me that Prepayment penalty charged will be applied as per Bnak's decision and it is ia clear case of misleading the customers. Of course, they may say thet I should have gone through the papers before signing but I ahve taken loans from so many banks and no banks have ever charged me Pre payment penalty as when sgifting the loan from SBI to their bank, SBI has never charge Prepayment penalty.
3. the main reason of transfering my loan from axis bank to IDBI bank was I was not happy with the day to day query from Axis Bank and told me that my account is not functioning well as per the terms and conditions of the sanction and also my Marak Supply & Agencies was sanction by Rs. 1.20 Crore and they have released only Rs. 60 Lacs and Rs. 60 Lacs they kept for further orders to be received by me and on the basis of that they will released the amount. During the Month of February 2014, I was urgently in need of that Balance amount of Rs. 60 Lacs and requested Branch Manager to release the amount. The branch Manager told me that Head Office is not permitted him to releasing the amount and requires copy of the orders in hand. Accordingly I have sent copy of orders in hand worth Rs. 2.0 Crores but still they have refused to released the amount and rang me that they are not satisfied with my account and may call back the limit.
Since I was in urgent need of fund, so I approach IDBI bank for take over of the loan and IDBI has given better facilities with enhancement of Limit than the Axis Bank and I have submitted my papers to IDBI who had sanction my loan within 20 days and paid the loan amount of Axis bank. But axis bank refuse to take the amount on the 31st March and we had to close the account on the 3rd April 2014.
Now I have applied for release of my documents but they have refused to released the documents and asked me to pay the Prepayment charges of 2% i.e., Rs. 6 Lacs. This is also arbitrarily. How could they charge 2% arbitrarily why not 3% or 10%.
As I have mentioned above and send you the link, Kindly open it and it is clearly mentioned that Prepayment Penalty charge cannot be charged as per RBI Guidelines and we can complain toBanking. Ombudsman.
I request you to kindly prepare a nice and effective legal notice with all the valid points that under what circumstances we had to shift and also it is always with the customer if they get better facility in other bank, they can always shift the account by paying the loan account with interest as I had done with SBI.
As I have seen your views that Prepayment Penalty cannot be charged on loans given by banks as per RBI Guidelines and I was searching the RBI Guidelines but could not get it. May I request you to kindly help me to get the RBI Guidelines on this Prepayment of Loan so that I can show to the Axis Bank to return all my papers.
It is my personal request to you to kindly help me in this matter.
M P Singhania
15 April 2014 at 15:54
I have seen in a link a link where I have seen your views and it is clearly mentioned that Prepayment penalty cannot be charged as per the RBI guidelines which you have to find out from the guidelines
I have taken a CC limit from Axis Bank and the main points are given below:.
1. I have never approach Axis Bank for the Cash Credit Limit as I was approcah by the Branch Manager along with his staff Mr. Suman and convince me to transfer the loan from State Bank to their Bank and will give me better facilities like increase of CC Limit in my acconts. Then I have decided to transfer the loan from SBI to their bank.
2. After submitting all the papers, I have received sanction letter along with so many agreement letters and in good faith,I have signed all the documents and at the time of signing the documents, the Branch and officers who came from Guwahati has never informed me that Prepayment penalty charged will be applied as per Bnak's decision and it is ia clear case of misleading the customers. Of course, they may say thet I should have gone through the papers before signing but I ahve taken loans from so many banks and no banks have ever charged me Pre payment penalty as when sgifting the loan from SBI to their bank, SBI has never charge Prepayment penalty.
3. the main reason of transfering my loan from axis bank to IDBI bank was I was not happy with the day to day query from Axis Bank and told me that my account is not functioning well as per the terms and conditions of the sanction and also my Marak Supply & Agencies was sanction by Rs. 1.20 Crore and they have released only Rs. 60 Lacs and Rs. 60 Lacs they kept for further orders to be received by me and on the basis of that they will released the amount. During the Month of February 2014, I was urgently in need of that Balance amount of Rs. 60 Lacs and requested Branch Manager to release the amount. The branch Manager told me that Head Office is not permitted him to releasing the amount and requires copy of the orders in hand. Accordingly I have sent copy of orders in hand worth Rs. 2.0 Crores but still they have refused to released the amount and rang me that they are not satisfied with my account and may call back the limit.
Since I was in urgent need of fund, so I approach IDBI bank for take over of the loan and IDBI has given better facilities with enhancement of Limit than the Axis Bank and I have submitted my papers to IDBI who had sanction my loan within 20 days and paid the loan amount of Axis bank. But axis bank refuse to take the amount on the 31st March and we had to close the account on the 3rd April 2014.
Now I have applied for release of my documents but they have refused to released the documents and asked me to pay the Prepayment charges of 2% i.e., Rs. 6 Lacs. This is also arbitrarily. How could they charge 2% arbitrarily why not 3% or 10%.
As I have mentioned above and send you the link, Kindly open it and it is clearly mentioned that Prepayment Penalty charge cannot be charged as per RBI Guidelines and we can complain toBanking. Ombudsman.
I request you to kindly prepare a nice and effective legal notice with all the valid points that under what circumstances we had to shift and also it is always with the customer if they get better facility in other bank, they can always shift the account by paying the loan account with interest as I had done with SBI.
As I have seen your views that Prepayment Penalty cannot be charged on loans given by banks as per RBI Guidelines and I was searching the RBI Guidelines but could not get it. May I request you to kindly help me to get the RBI Guidelines on this Prepayment of Loan so that I can show to the Axis Bank to return all my papers.
It is my personal request to you to kindly help me in this matter.
Avil
15 April 2014 at 15:43
My grandfather had 5 children, 3 males and 2 females. The females are the eldest amongst the children. The property is a HUF one. Grandfather had created a WILL before his death stating that he had sold the property to the ladies and both the ladies i.e. sisters had forfeighted the rights in the WILL which is also REGISTERED. Now, after the death of grandfather the females are not ready to sign on the property documents so that the male members can go ahead with the partition stating that they have equal rights after the SC amendment. The ladies were married before 1979. Grandfather's WILL was registered in 2001.
Queries below.
My grandfather wanted to give some property to the ladies (sisters), so he had created a WILL indicating as though he had sold this property to them. The ladies have also forfeighted the rights. But the male members have not yet signed the registered sale deed given to ladies. Is this valid sale deed for ladies?..as there is no signature from male members...
After the demise of the gransfather, the male members want to go ahead with the partition as per their dad's wish, but the ladies are not ready to sign the documents. Do the male members need ladies signature as they have already forfeighted the rights in the registered WILL?
Appreciate your answers.
Pavan
15 April 2014 at 15:40
Hi,
I am working in a private company in Karnataka from 2 years. Now I want to leave the company as soon as possible. I have not signed any terms and conditions with the company or any appointment letter. Now the company asks to work for 3 months and a huge amount to issue NOC and relieving letter. Notice period and bond amount was oral and is not at all written. Please guide me to get the NOC and relieve letter without serving for 3 months of notice period as i have to leave as soon as possible. Thank you.
Jaigopal Soni
15 April 2014 at 15:34
Dear Sir,
My sister has filed Writ Petition against the inaction of the Project Implementing Agency a Govt Power Company & State Govt of Chhattisgarh in considering her application for the permanent job and other benefits as per the ideal rehabilitation policy of state & R&R Plan proposed by Power Company.
High Court Bilaspur has admitted the case vide registration no WPS/3807/2013 dated 20.11.2013 & issued notice to the Respondents 1-6 where 1-3 represeting the state govt has presented the return but respondent no 4-6 representing the power company has not replied till date.
My case is not listed again till date even after passing 15 day of Notice period copy of notice is not given when i asked for certified copy of proceeding please guide me if i can register complain against respondent No 4-5-6 for contempt of court(for neither replying nor considering the application of the petitioner)
ANIL KUMAR KAUSHIK
15 April 2014 at 15:29
one agriculture land has been purchased by name of Mr X Through CMD of a public Trust. land is sold by teanant by personal name having desination of CMD of a public trust. 90 A, application for conversion the land for institutional use is not submitted. what is the period of application submission .Kindly advice for the same
Mohit
15 April 2014 at 15:27
Please advice me regarding my friends legal problem. He has a sister who was staying with her husband at rajasthan. and my friend lives in Assam. in in early 2013 he came to know that his sister is very ill and he went to meet her. There he came to know that she is being tortured by her husband and not given medical treatment due to which she is in very serious illness. He took her to doctor and after about 2 weeks of treatment with high power steroids she was able to walk on her feet and then my friend took permission from her husband to take her to assam for some time to take her proper medical care. But husband said that if he gives money only then he will allow to take her. At this my friend agreed and took his sister to Assam where the husband's father mother lived. My friends sister lived with inlaws family for about 2 months and all her medical treatment was done by my friend. after 2 months they said that now give money and we will send her back to husband. At this my friend showed his unableness to give money. Then the inlaws drove her out along with her 2 children ( aged 3 years and 9 years) and she came to brothers paternal house where her parents and brother (my friend) lives. My friends family tried to have social talks for few months so that matter can be resolved but the husband and inlaws came to my friends home and assaulted his sister and threatened to destroy her life if they are unable to pay money.
The husband after that even filed a RCR case under HMA sec 9 and 26 at rajasthan to falsely show that he wants that his wife should stay with him . When the notice came to sisters home they consulted lawyer and lawyer after hearing all the story advised to file FIR u/s 498A and also a DV case. At present both cases are pending. Police has not arrested anyone in 498A as they say that husband is in rajasthan so when he comes to Assam then only inform the police station and then they will arrest him but they cant go to rajasthan as they dont have any time for that and they will not arrest inlaws because prime accused is husband and inlaws are aged so they will get bail next day so they dont want to waste time in arresting inlaws. At present about 8 months have passed from the date of FIR but no one is yet arrested and nothing is happening on that FIR.
Regarding that DV case , his lawyer served notice oply at Assam address and not at rajasthan address, on the first hearing the husband did not came. The lawyer says that let us wait for second hearing even if he dont come then then we will again serve notice on him at rajasthan address. His sister has demanded maintenance . residence order and compensation under DV case. Till now no maintenace is coming to his sister and after bearing expenses for more than 1 year for his sister and her two childrens education and other needs he is now in very critical financial condition.
They are going to rajasthan in family court case under HMA sec 9 and 26 in every hearing and nothing is happening there also. In going and coming to rajasthan they are spending 12-13 thousand in every hearing and getting bankrupt in this process. They applied for maintenance in the family court in previous hearing but in the next hearing due to some reason judge didnt had time so he gave next hearing date and again nothing will happen for next 2 months till next hearing date. My friend is getting financially and mentally frustrated in this process.
And in his previous hearing when his sister applied for maintenance to family court at rajasthan, the husband filed a false case against my friend and his father that they came to his home in the evening on the date of hearing in family court and snatched his gold chain and robbed money from his purse and assaulted him and threatened him for withdrawing the case . This case was filed as 156(3) with magistrate u/s sec 452, 384, 323,327,504, 120B of IPC and magistrate ordered an investigation of the case to police . In that hearing us 9 and 26 of HMA only my friends father went to rajasthan and my friend was at assam in his office but the case by his sisters husband named my friend also and accused.. My friends father then visited the police station and gave his statement that her daughter have filed 498A case and DV so to harass her this false case is filed and also showed my friends badging report ( the electronic access card report which shows access to in and out of the office building ) which shows him present at office in assam. But that report is a computer generated report without any name of the employer or sign or stamp. Employer is saying that their HR is not authorised to give anything written on letter head that he was present on that day. They say that they have given the badging report and that is what they can give at maximum. There are CC TV camera also in office but office says that they dont preserve it for long and as it is already more than a month so they dont have the footage.
Now please advice on this matter how to save from this false case and how to deal with the HMA RCR case against the sister and how to handle the 498A and DV case which is going on without any result.. Please note that my friends financial condition is now very bad and his sisters children needs to get admitted to higher class after passing their exams but they have hardly any money now .. further his sister is also getting continuous medical treatment which is also having a lot of cost... My friend has a family consisting opf father mother wife and little son . his sister is just class 8 pass so no chance of any job for her so she is having no income at all.
Additional Q 1: But if he show his attendance report in office at assam, then will the case be dropped by magistrate ?? or the magistrate will order that trail can be started because the complainant will appeal to magistrate to order the start of a trial of this case so that they can drag it for 4-5 years ?? because if trial is started then it will cost a lot of money and time which my frind cant bear now due to waek financial condition. So please suggest what should he do to get the complaint quashed by magistrtae instead of starting of trial?
Additional Q 2 : also does my friend have the right to appeal the magistrate and the police to take finger print sample of the door and the purse so that it can be proved that he has not even touched the door and the purse of the complainant?
Please advice.
Thanks & Regards
Mohit Singh
Assam
deepak Shivnikar
15 April 2014 at 15:14
Sir,
How the punishment will be imposed / illustration file attached
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376/420 ipc
Miss Riya (34 years old) filed a case on 2012 that in 2008 when she visited the house of Mr. Ashok, Mr. Ashok raped her at gun point and after rape Mr. Ashok agreed to marry Miss Riya. And both were in love and continued the sexual relationship till 2012 and during this periods she also got pregnent once. But one fine morning Miss Riya found that Mr. Ashok is married with a child and Mr. Ashok refused to marry Miss Riya. On this Miss Riya filed a case with police and it registered u/s 376/420 IPC.
In her statement u/s 161 and 164 Cr.P.C complainant said that the sexual intercourse was consensual but with promise to marry. But she failed to produce any evidance either material or person who have ever seen the complainant and accused together during this last five years or any material photo, letter, cards etc which suggest any closeness between the complainant and the accused. She failed to produce any evidence in respect of her pregnency or possession of gun by the accused. The complainant even did not appear for medical examination even after several insistances from the I.O of the case & lastly give declaration that she is not interested in the medical examination.
Almost after 9 months since the lodging of the case and statement u/s 161 & 164 Cr.P.C the complainant submitted an Affidavit stating that she filed the complaint only out of heated argument with the accused and she is still unmarried and she is planning to marry soon and do not want to continue the case anymore. On this I.O prayed for fresh statement u/s164 of Cr.PC. But the magistrated refused saying that there is no need of fresh statement in this case. The complainant with her mother visited the SHO and IO of the case on several occasion that they do not want proceed any further with the case.
The case is still pending
What is the remedy?? Please help