Request for help
gopal
(Querist) 22 June 2013
This query is : Resolved
Dear Hon'ble Experts,
I Submit my pranams and thanks to you all.
In this forum I have asked some queries for clarification, the Hon'ble Experts provide their suggestions, views. Once again I thank to one and all of our Hon'ble Experts.
Our family facing one legal issue on the State Consumer Disputes Redressrel forum, I explain the full information below. I am requesting you kindly provide the guidance and if you know any supportive Judgments and rulings Please kindly inform me
Information of the issue
My father and his younger brother were in joint family on 1987, on 1987 they both have got the two loans one is Crop Loan and another is Tractor loan from the Nationalised Bank for joint family purpose.
Later on 1989 my father individully applied for a Jewel Loan pleged with Gold jewels on the same Nationalised Bank. The bank gave the Jewel Loan on 1989.
After one year my father paid the inerest on the Jewel loan and the principle remains.
Later on 1992 one day the bank officials gave the paper notice that the Plegged jewels broght for Auction Sale. The borrower can pay the amount on or before the auction date.
After seeing the advertisement my father approached the bank to pay the amount they asked excess money to pay, my father is in a critical situation so he paid the excess amount. The advertised amount is one and they collected amount is different which is excess of the advertised amount.
The my father asked to return the jewels, then the bank offcials refused to return the jewels and said that the two loans (Tractor loan and Crop loan) jointly received loan is pending and they filed two suits for recovery of the two loans.
The bank officials told that they lien over the jewels even the borrower closed the jewel loan ,if the borrower having any other loan is pending.
Then my father send a legal notice to return the jewels and the bank officials said the same reason on their reply.
later on 2008 I came to know this letter correspondence, and i had a doubt that whether the lien jewels is there or not so i applied to bank authorities through RTI seeking the information, they told we do not have any records because the time of letter correspondence on 1992 so they do not have records
Then I have approached appellate authority, the appellate authority also told the same reason. then I preferred second appeal to Central Information Commission there i represent my self and CIC ordered me infavour of me and then they told that one jewel packet in my father name which is in the custody of the said branch.
In between time i had collected the information from the district Court that what happened that two suits(one for Crop Loan and One for Tractor Loan), The Crop loan suit is decreed on the next year ie 1993 and there is no further procecution like EP till the date.
Then the Tractor loan Suit decred on 1996
Then EP Filed and continued till 2005 ,on 2005 the court has dismissed the EP ,the reason for dismiss is, the court ordered to filed the sale papers on the court and gave enough time to submit the sale papers but the bank not submitted the sale papers so the court dismissed the Tractor loan EP.
I got these information from the District Court. Then my father sent a legal notice to the bank authorities that the said two loans ,suit proceedings are ended, so the bank do not have any rights to keep his jewels. but the bank not replied for the leagal notice,
so my father filed the petition in 2010
on The Hon'ble District Consumer Redressal forum, praying that to return the jewels and compensation.
on the year 2011, the Hon'ble DCDRF ordered to return the jewels and 15000 compensation on Nov 2011. Later my father sent a legal notice that the bank was ordered to return the jewels so retun the jewels.
There is no reply regarding this, So he prefered the Execution Application before the Hon'ble DCDRF, The Hon'ble DCDRF called on so many hearings and the bank representative not present, after 12 hearings the bank manager came and submit a memo that they opted to go for appeal and for that they have paid 50% of the Awarded amount is deposited and like to go for appeal
On depositing the amount they have given SR No by the Hon'ble State Consumenr Disputes REdressal forum.
Dear Experts pls kindly tel your suggestions,
What is SR No Which is given in Hin'ble State Consumer Disputes Redressal Forum.
Not yet numbered so far, as appeal
is it possible we can involve and tel our information at this satege to quash the appeal in SR stage?
Whether a bank can have the custody of jewels because the jewel loan is separate and other loan is separate.
if you know any judgments or rulings by the Higher Courts, that the bank do not have any rights to hold the jewels for other loan, pls kindly inform me the judgments and rulings.
So that we can face the case in the Hon'ble SCDRF
Thanks in Advance to the Hon'ble Experts
looking for your valuable suggestions
ajay sethi
(Expert) 22 June 2013
you have stated that 3 laons had been taken 1) crop loan
2) tractor loan 3) jewel loan .
tractor loan case has been dismissed . as far as crop loan is concerned suit has been decreed .
although you have repaid bank loan bank has exercised it lien and sought to keep jewels as lien untill other loans are paid .
district consumer forum has passed order in your favour . bank has filed appeal and depsoited 50%of comepnsation amount awarded .
since state commsision has stayed the order on depsoit of 50%of comepnsation amount you have to fight the case in state commission . only after appeal is heard and finally decided in your favour would you get the jewels back
ajay sethi
(Expert) 22 June 2013
gopal
one request be brief and to the point . you have to summarise your case in brief to enable to querist to reply . lengthy queries are not replied by experts
gopal
(Querist) 24 June 2013
Dear Hon'ble Experts,
Thanks for your Reply.
Only Ajay Sethi sir's Reply only i am able to view in the website
but Rajeev Kumar Sir, Rajkumar Makkad Sir, Prabakar singh sir reply's are unable to read so pls Rejeev Kumar sir , Rajkumar Makkad sir , Prabakkar Singh sir are requested to post your reply again
Rajendra K Goyal
(Expert) 24 June 2013
1. Bank has a general lien on the property under lien/ mortgaged/ charged for all the loans in the name of a borrower. The Bank had lien for the two loans on the jewelery with them for jewelery loan.
2. For tractor loan and or crop loan the Bank may have mortgaged the land, and the mortgage suit can be filed in more period than recovery suit.
3. Both tractor and crop loan recovery suit were decided against you. Bank did not filed EP for crop and EP dismissed for tractor loan.
4. As far as my knowledge the EP is to be filed within 12 years. Possibly Mortgage suit has more time.
5. In State Commission you have said that the Manager appeared after 12 hearings. Confirm whether the appeal was within time and as per provisions, in the State Commission or not and on what grounds.
6. Your advocate must analyze the legality and validity of the grounds of appeal.
7. You should engage a good lawyer for state commission to defend your case.
8. The land mortgaged for tractor and crop loan (?)must be in the mortgaged position with the bank in the revenue records and the same is also to be cleared.
gopal
(Querist) 25 June 2013
Dear Hon'ble Experts
Thanks for your reply,
Thanks for Rajendra K Goyal sir and Raj Kumar Makkad sir,
Rajendra sir, I told that the Manager appeared before the District Forum after 12 hearing of EP Petition, Not in State commission.
In the District forum the manager told that they have gone for appeal in State Forum. In State Forum SR No is given for them, and the appeal yet to be numbered they told, and the District Forum asked is there any stay on this, the manager said "no" there is no stay on this case.
I do not know about SR No , May i know what it is pls?
still we did not received any Notice from State Forum.
When we will get notice from the State forum?
Only after numbering the notice will come to us or before numbering the appeal.
We came to know that they have filed 551 days delay petition before State Forum.
When we can object the delay of the delay of appeal ,after numbering the appeal or before numbering the appeal?
Rajendra K Goyal
(Expert) 25 June 2013
Presently it is not clear that the appeal at state forum has been accepted. No notice has been received by you till date. On receipt of notice, you should plead your case at State Forum. You can proceed in EP at Distt. Forum as no stay has been granted by State Forum.
