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B.P. Bhardwaj (delhi)     19 August 2010


Hi all

I have taken a personal loan from Bank of Baroda, they never intimated me about EMI date or not sent me disbursal schedule. Every month on 28th bank has been transfering balance lying amount from my saving bank account to loan account and remaing amount if any of EMI amount deducting on when my salary transfers in my saving bank account every month.

I have taken personal loan from the same bank 3 times in past and every time they had deducted EMI amount on 10th of every month.

Now the bank has issued a letter to my employer as intimated about "default"

Sir, My questions are :


2.  Should Bank first made contact with me ? after failure at my part,  then they can made contact with my employer. But they directly approached with my employer.

Please advise me what action sould I take against Bank. 

Best Regards



 7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     19 August 2010

yes, it is default.

send a legal notice to the bank,that without informing u why bank approch yr employer!

Satya Narayana Palukuru (Advocates & Mediators.)     20 August 2010

Before doing contact the Manager of the bank since this may affect the relation between u and the bank

as so far now u have taken loan 3 times and first time u are experianceing this .

May be a mistake at lower level can be corrected when u approach them

It is purely my personal opinion

Parthasarathi Loganathan (Advocate)     12 September 2010

As per Regulatory norms you are entitled to acknowledge the terms and conditions of the loan sanctioned.  You have every right to call for repayment schedule by just submitting an application to the bank

Naresh Chandra Goyal (Chairman)     02 October 2010

y .es. deficiency in service ,Action under C P Act .for approaching employer file defamatory suit .for detail contact    9414072738

Kumar Doab (FIN)     22 October 2010

As suggested by the learned members deal the matter in writing and lodge your protest.

Based on the written reply from the bank you can take further steps.

SACHIN AGARWAL (ADVOCATE)     24 October 2010

Certainly this is the fault of the Bank. You can make a Complaint before Banking Ombudsman as well as you can file a Complaint before Consumer Forum and also it is defamatory and you can file a Criminal Complaint under section 500 IPC against the officers of the Bank involved in the matter.

Parthasarathi Loganathan (Advocate)     24 October 2010

Though it is clear case in your favour with regard to Banking Ombudsman at the same time it is not legally tenable under the provisions of the Indian Penal Code as suggested by Agarwalji.

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