Debt recovery tribunal
Rajesh dembla
(Querist) 04 June 2012
This query is : Resolved
Bank has issued me a 13(2) notice dated 19febusry 2009 for amount rs79lacs and after that bank has not take n any action under section 13(4).
Than on dated 10july'09 ombudsman(RBI) passed an order that insurance policy was forced upon the borrower and insurance policy shall be cancelled and reshedule the EMI or tenure after adjusting insurance policy from the principal.The insurance policy was for rs 3,52,000/-.The principal loan was 67,00,000/-(67lacs).
Bank did not compliance the order of hon'ble ombudsman(RBI).BANK AFTER THREE YEAR ISSUE US A FRESH 13(2) NOTICE ON 31ST JANUARY 2012 FOR AMOUNT RS 1,16,00,000(1.16 CR) AND ON 10 FEBUARY 2012 DEBITED RS 3,52,000/- IN OUR ACCOUNT TO SHOW THAT THEY HAVE CANCELLED THE INSURANCE POLICY.THIS POLICY WAS CANCELLED AFTER SENDING SECOND 13(2) NOTICE.
WE HAVE NOT MADE ANY SINGLE PIE AFTER THE FIRST 13(2) NOTICE 19 FEB 2009.COULD THEY INCREASE THE AMOUNT IN SECOND NOTICE DATED 31JAN 2012 13(2).AMOUNT INCREASED IN NOTICE IS 37 LAC.
IS THIS NOTICE LEGALLY MAINTAINABLE ...COULD THIS NOTICE CAN GET QUASHED IN DRT .KINDLY PROVIDE THE CITATION IF IT COULD GET QUASHED.THX IN ADVANCE FOR SUGGESTION.
ajay sethi
(Expert) 05 June 2012
you cn aalways call upon bank to produce detailed statement of account aso to how figure of rs 1.16 crores had been arrived at .
RAJU O.F.,
(Expert) 05 June 2012
Immediately submit your objections/ representations in writing challenging the Demand Notice u/S 13(2) without further loss of time. Unless the bank issue notice u/S13(4) possession notice, to cannot approach DRT or any other court.
R.K Nanda
(Expert) 05 June 2012
Take the help of lawyer to take proper legal action in response to 13(2) notice of bank at the earliest.
R.K Nanda
(Expert) 05 June 2012
Take the help of lawyer to take proper legal action in response to 13(2) notice of bank at the earliest.
R.K Nanda
(Expert) 05 June 2012
Take the help of lawyer to take proper legal action in response to 13(2) notice of bank at the earliest.
Sankaranarayanan
(Expert) 05 June 2012
yes with the help of lawyer only you can do it and better to do it your earliest.
Rajesh dembla
(Querist) 05 June 2012
I have filed the objection within limitation.bank has replied the same and rejected my objection.bank further issued me the notice 13(4) on 18th may.i am filing sa under section 17 in drt.kindly provide me the citation to quash 13(2) and13(4) on the above ground .that bank has change the amount in13(2) notice.pls help.
M V Gupta
(Expert) 05 June 2012
Better engage the services of an advocate to prosecute ur case. He will pick up suitable authorities based on the issues involved in the case.
