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NON RELEASE OF STRIDHAN(JEWELLARY)-DEPOSITING BANK.

(Querist) 09 August 2009 This query is : Resolved 
MY WIFE,BANKING SINCE 20YRS WITH SAME BRANCH HAD TAKEN PERSONAL LOAN BY DEPOSITING HER GOLD JEWELLARY RECD DURING HER MARRIAGE,THE LOAN WAS DISBURSED IN MY WIFES PERSONAL A\C WHICH WAS PREPAID FROM HER OWN FUNDS AND LOAN O.S A\C WAS CLOSED-NO DUES LT ISSUED.AT THE TIME OF SIGNING THE LOAN PAPERS I THE HUSBAND WAS ASKED TO SIGN AT PLACE NO 2,BEING 2ndSIGNATORY BY D BR MGR.I HAD TO CLOSE MY A\C OF TRADING BUSINESS WITH THE SAME BANKERS DUE TO LOSSES AND THE SAME BANK AND BRANCH OBTND THE DECREE AGAINST ME AND FIRM, WIFE IS IN NO WAY CONNECTD FOR THE O.S AMT OF THE FIRM,WHEN MY WIFE ASKED THE BANKERS FOR RELEASE OF GOLD ORNMTS,THEY ASKED HER TO PAY SOME AMT WHICH WOULD BE ADJUSTED TOWARDS THE O.S OF THE FIRM.V AGREED-BANKERS REFUSE 2 RELEASE THE JEWELLARY.ALSO OBTND ATTCMNT DECREE 4 ATTACHMNT OF GOLD LYING WITH THE BANK WITHOUT THE INFO OF THE WIFE.ATTACHMNT OBTD STATING GOLD BELONGS TO NO 2-HUSBAND,APPROACHED BANKING OMBDSMN-NO RELIEF,WANT CASE LAWS--WHICH COURT TO APPROACH,CAN CASE OF BR OF TRUST\CHEATING SEC406\420 B FILED AGAINST D BANK.REPLY EARLY AND HAVE MY BLESSING AS I NEED THE JEWLARY FOR MY DAUGTRS MARRAGE AS IN OUR CUSTOMS TRADITION.EARLY S.O.S NEEDED
A V Vishal (Expert) 10 August 2009
Now a days bankers are resorting to such dubious methods to force the lender to pay the o/s. amount in order to lower the NPA level at their individual branch which will in turn be a positive thing in their service record. However, banks are not supposed to resort to such methods and the superior officers are often in collusion with the branch staff and it is not unknown to the management of such tactics being adopted by the bank's branch.

I suggest you issue a legal notice, stating the fact that the ornaments were pledged for the personal loan and since the account is closed, the bank should return the jewellary.

The bank cannot deny the fact since the loan documents evidence pledge of ornaments for purpose of personal loan and not any other loan.

In case there is no favourable response file a criminal complaint against the erring bank officials. However, the entire process consumes time and there may be delay in getting back the jewels within time for the marriage.
Sarvesh Kumar Sharma Advocate (Expert) 10 August 2009
Mr. Mahesh,
better first u complaint to bank's omdusman.
then if yr problem still not sloved then for breach of yr trust in type of criminal u go to laudge fir, & for compensation claim u/s-12 consumer pitition act.
Adinath@Avinash Patil (Expert) 10 August 2009
If there is Decree in force & in execution proceeding of decree the jwellary is attached.You may file your complain the execution proceeding before authroised rec.officer or court.u have to first vacate the attacment order by appearing before cocerned authority.
Advocate SK Rohilla New Delhi (Expert) 10 August 2009
Dear Mahesh,
You have three remeady available at law.

1. File a complaint against the Bank for Unfair Trade Practice u/s 12 of Consumer Protection Act;

2. File a case under MRTP Act against the bank as such monopoly and trade is absolute illegal.

3. Lodge a Complaint with concerned Police Station where Bank is situated. If no action is initiated than seek a service of Advocate and file a Complaint u/s 406 Indian Penal Code against the bank.

You can choose one or avail all remeady together

I hope this would solve your problem.


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