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(Guest)

Tenants took the loan, bank people harrasing us..

Dear Scholars,

A Year ago our tenants has taken a personal loan of 3 Lakhs and they vacated our place and we are not sure where exactly they moved.

And the bank people didnt even ask and they didnt even verified the home address before granting the loan and They didnt even do the physical verification while granting the loan. Now the bank people are daily coming to our house and harrasing us.

They are saying that the loan was taken on this house as the person is absconding they will send a legal notice on this house. Daily they are coming and threatening us to pay the loan.

I asked them on what basis they approved the loan and did they asked me to become a guarantor.

They are saying that while approving the loan the bank and our tenants handled the verification part, then i told him to find them and ask them to repay it but dont harras us.

But they are not ready to listen, they are just repeating the same thing and it is becoming very difficult to handle them.

When i enquired i came to know that they are from an Recovery agency and bank people hired them for recovery.

They are also threatening us that they will send a legal notice and we will have to come to court to speak. Please help us how to deal with this.

Your help will be appreciated.

Thanks in advance.



Learning

 18 Replies

G.L.N. Prasad (Retired employee.)     24 June 2016

Immediately serve a Registered notice stating facts as follows:

Regd. Notice.

 

To.Manager......Bank......

Reg: Harassment of a citizen through tresspass and threats.

Please take notice of the following:

1.I wish to inform you that Shri...................was a tenant of my house at........................till...........and he has vacated.

2. This house belongs to me, and I am in no way concerned with any transaction of my tenant and in no way involved in the transaction.

3.Inspite of informing facts, Officials bank visited my house on (all dates) and continuously harassming me for the default of a stranger borrower of their banker.

4.You are hereby warned that this is against my privacy and the intimidatory tactics are defaming me in society, and I have lost my mental peace with this harassment.

5.Please note that I will be constrained to report it to police, if any persons from Bank visits my house in future for this purpose of recovery in the account of .............................and report the matter to Reserve Bank of India.

.............................

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Application dt.......... seeking information under RTI Act before

Public Authority: CPIO,.............Bank

RTI Fee: Indian Postal order No....for Rs.10.- Fvg .........Bank.

Applciant:........................

Information solicited:

1)Please provide the relationship of this applicant to the default/NPA of personal account of ..................and the reasons for deputing persons from the bank with such legal threats.

2.Please inform the dates on which persons from your Bank visited applicant's house, though this applicant is in no way concerned with such borrower, who was a tenant.

3.Please inform the name of the persons that visited the house, designation, mobile no. and full address, enabling me to complain to competent authority for harassment.

Applciant.

 

 

 

G.L.N. Prasad (Retired employee.)     24 June 2016

Immediately serve a Registered notice stating facts as follows:

Regd. Notice.

 

To.Manager......Bank......

Reg: Harassment of a citizen through tresspass and threats.

Please take notice of the following:

1.I wish to inform you that Shri...................was a tenant of my house at........................till...........and he has vacated.

2. This house belongs to me, and I am in no way concerned with any transaction of my tenant and in no way involved in the transaction.

3.Inspite of informing facts, Officials bank visited my house on (all dates) and continuously harassming me for the default of a stranger borrower of their banker.

4.You are hereby warned that this is against my privacy and the intimidatory tactics are defaming me in society, and I have lost my mental peace with this harassment.

5.Please note that I will be constrained to report it to police, if any persons from Bank visits my house in future for this purpose of recovery in the account of .............................and report the matter to Reserve Bank of India.

.............................

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Application dt.......... seeking information under RTI Act before

Public Authority: CPIO,.............Bank

RTI Fee: Indian Postal order No....for Rs.10.- Fvg .........Bank.

Applciant:........................

Information solicited:

1)Please provide the relationship of this applicant to the default/NPA of personal account of ..................and the reasons for deputing persons from the bank with such legal threats.

2.Please inform the dates on which persons from your Bank visited applicant's house, though this applicant is in no way concerned with such borrower, who was a tenant.

3.Please inform the name of the persons that visited the house, designation, mobile no. and full address, enabling me to complain to competent authority for harassment.

Applciant.

 

 

 

AV Bagur Advocate (Advocate )     24 June 2016

This is a serios matter and don't take it lightly.

Immediately get in touch with an advocate who specializes only in banking matters,  other wise there is a fair chance that not only you will get entangaled in costly litigation but possibly loose your house too.  

Under the new laws Banks have enormous inherent powers and they do not have to courts too and an officer sitting in a cabin can do all these without judicial intervention.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     24 June 2016

Report the matter by way of a letter to the Chairman of the Bank with a copy to the Governor of RBI.  Things will sort out on their own.

 

 

G.L.N. Prasad (Retired employee.)     24 June 2016

Unless any individual has signed as co-obligant or partner or executed such documents, there is nothing to fear.

This is the usual tactics the Recovery agents play.  Member can also seek documents that were executed by him, basing on which Bank is sending their agents for recovery in NPA 

I still have my own reservations / doubts, as this is the first time I am hearing of such complaint from a citizen being harassed by a Bank, though he is in no way concerned with such transaction.

There is nothing to fear for the present, as any financial institution can not proceed even against their own borrower/guarantor without giving atleast a Regd. notice. demanding for such payment.


(Guest)

Rightly guided by Mr. G.I.N Prasad sir.

Do write to the bank. 

Advocate Ram Prasad (Chief Lawyer)     24 June 2016

Shri GLN Prasad I believe is an Adv has painstakingly typed n given d correct advice. Follow him.This advice would have otherwise costed u Rs2 thousand as consultation charges..............Cell 91777-22930

(Guest)

Thank you all for your advice, it made my life easy...

A Special thanks to Shri GLN Prasad Garu for making this issue easy for me.

 

G.L.N. Prasad (Retired employee.)     26 June 2016

What we expect is the ultimate result.  Once you give a feed back in the forum as to response of Bank, it may help us to guide confidently if another member faces similar problem.

Unfortunately, once the member finds a solution, he is not reverting back to the same post, informing the final result.

Even our expets are busy and is not finding time to visit or  give their advise and we can understand the pressure of their work.  But even if one expet takes one hour in a week to provide possible remedy , the purpose of the forum and value becomes enhanced.

It is also noticed that even after members engaged their own Advocate, still they post queries in the forum to take second opinion (may be not believing the competency of their own advocate  or to make sure that procedure being followed is correct or for alternate remedies)


(Guest)

I have sent the notice to the bank and a copy to governor of RBI.

Will surely update the response from the bank and the final result.

Thanks again..

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Next time they come just dial 100.

Sudhir Kumar, Advocate (Advocate)     28 June 2016

Is  it Govt Bank.


(Guest)

Its a Private Bank..

G.L.N. Prasad (Retired employee.)     30 June 2016

HDFC Bank is a Private Sector Bank and not within ambit of RTI Act.

But still you can issue such notice and seek information.

If the notice is issued through a reputed Advocate, it has it's own strength.


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