Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sumit Bhatnagar (service employee)     20 June 2011

Bank Symbolic Possession in Spite of contnuity of payments.

 

Dear Sir,

I have a single residential property in a prime location of gurgaon, I took 13 lacs loan from nationalise bank @ 8.5% floating reducing balance terms.

During the recessions I lost my job as my company winded up, I could not get job for more than a year, I tried to do some business, I opened my current account too with the same bank/branch.

I was continuing my EMI but some time I deposits 2 EMI;s together in the next month as & when I use to get payments in business. Which Bank has taken as my default, I requested bank in a writing to increase my tenure as the interest rate was also increased 3 times during the recession period so it was a 2 sided problem for me.

But bank has not considered, I keep depositing money somehow & maximum I could, bank has also taken all the funds in the current account without my permission to home loan A//c as a result my business to jeaopardized.

Now in spite of my payments more than my agreed EMI till last month, bank has taken a symbolic possession from Dist. Megistrate. 

I took 13 Lac in 2004, I paid around 9.5 Lac till now, still my outstanding principle is 11.97L bank has put all the penalties, Legal & ad charges on my account, Whatever I have been paying they are adjusting against their bills.

I just have single property in a joint name of my mother & myself, My mother also passed away in decemeber.

I have been going to the bank personaly every month with money to deposit, but it seems bank is more interested to take property & ignoring all my payments to them & increasing my due's to 15 lacs.

everytime they take my signatures on revival notices & other legal documents without a date.

What do I do, Please help. I feel like trapped by the bank.

Thanks & regards,

Sumit



Learning

 1 Replies

SACHIN AGARWAL (ADVOCATE)     27 August 2011

Better to file a Petition under Section 17 (1) of SARFACI Act before DRT having jurisdiction. If your statement is correct, you would get the relief.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register