cpc

advocate harassing for issuing legal report for education l


hello everyone...

we are in need of education loan from bank and have aaplied for same to State Bank of Patiala, Bathinda for amount 9,68,000/- . for collateral sucurity, i had submitted photocopies of registery of my house costing app 60-70 lakhs. the date of issue of registery is november-1988 (app. 23 years old). the registery was sent to local advocate for legal advice. but the advocate is harrassing as sometimes he demands for FARD copy and some time for Intekaal copy and yesterday he asked me to bring 4 yearly fard copies of my land. also he asks for certified copy of my registery. Some llocal advocates are suggesting me that i should complaint to bank about harrassment by advocate as only 12 years record may be asked for legal advice and he don't need any other document like he is asking.. 

so i want to know wether is it possible to make a complaint and wether these formalities are really required for legal advice for education loan??

 

Thanking in advance

 

Lukesh Garg

 
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FIN

 

 

You may submit a letter under proper acknowledgment to BM of the branch of the bank asking to provide along with a covering letter by BM stating all documents and formalities to be completed by applicant and enclosing the brochure and details of the product of the Bank namely Education Loan.

 

Thereafter you may submit all papers and loan application to BM.

The BM is under obligation to provide certified copy of all documents, loan application submitted by applicant, without any cost. You may show the originals of the documents submitted by you and ask the BM to mark OSV/certify that originals have been seen and verified.

 

If the procedure demands let BM state in writing for legal opinion from approved lawyer on panel of the bank and fee if any to be paid.

 

The fee should include the cost of documents to be obtained by bank lawyer e.g. 13Y Fard, certified copy etc, within time bound period.

If it is to be arranged by you let BM state so in writing.

 

If the Bank approves the loan Bank shall provide loan approval letter, loan agreement and again it has to supply the certified copies of the agreement submitted by you.

 

It is felt that this loan is in priority sector and process is time bound.

 

The process and details should be available on website of the bank also.

 

e.g.

 

http://www.iob.in/Vidya_Jyothi.aspx

 

RBI, BCSBI, IBA has set the guidelines and codes and Bank and BM is duty bund to follow, e.g;

 

Code of Bank’s Commitment to Customers.

Fair Practices Code etc…

 

 

Submit all transactions in writing under acknowledgment and mention in writing that bank should communicate with you thru redg. post only and should use speed post/courier/normal post in your case, and if bank demands in writing you are willing to provide postage prepaid ( as purchased from PO) self addressed envelope for sending redg. post to you.

 

 

 
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@Kumar Doab:: thanxx alot for your reply... i had got advocate changed after a request to Bank as the previous advocate was harrassing. Now i want to ask one more question that wether the fee for legal advice for education loan has to be paid by customer or the same has to be paid by bank?

 

thanking in advance

 

Lukesh Garg

 
Reply   
 
FIN

 

The prevalent practice: to be arranged by bank thru advocate on bank’s panel on applicant’s cost.

http://www.indian-bank.com/education.php

http://www.indianbank.in/products.php?pr=81&sc=3&ty=3&ct=19

 

You may confirm at your end. YOu can also check with RBI,BCSBI,IBA...........

 

If as per bank’s rules applicant has to bear the cost BM should not hesitate to state so in writing.

 

Valuable advice of learned experts/members is sought.

 
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Advocate

The legal fee is born by the applicant and is fixed by the Bank. Lawyer should not ask more than this. Generally the Bank ask for a cheque for the legal fee with the application and pay direct to the lawyer of receipt of the report.
 
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