Prem (Registrar - Medical Oncology) 04 December 2011

Defamation

I took a loan from DHFL in 2004. I paid regularly for a year and then there was only a few lapses. The loan tenure was 5 years. Total no of instalments was 60. I am a doctor by profession. In between this period they sent letters to my hospital MD and started appraising my friends and close relatives of my delay in payments due to which I lost my job and had to leave my hometown. I had a good practice at home but had to leave it and wander in different places with my mother. When I contacted them after paying 60 instalments they say that I have to pay an amount more than what I took from them and have put up my house for sale under the securitisation act. I want to file a case of Defamation against them. Is it possible? Where?

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4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 04 December 2011

This will not be defamation , contest the case on accounts.

sridhar pasumarthy (ADVOCATE) 04 December 2011

Dear Prem,

If there is any default on your part in not paying the instalment amounts, the lender can issue notices to you or can sue you in the court of law for recovery of the debt.

It is not good on the part of the borrower to propogate these facts to your MD, your friends and relatives etc., who are no way concerned with the issue. These acts certainly lowers your repuration/character in their minds, which entitles you to prosecute your lender for defamation under section 499 of I.P.C. and simultaneuosly, you can file a civil suit claiming damages for the loss sufferred by you.

consult a local lawyer who can guide u more after perusing the letters sent by the lender.

RAJU O.F., (Advocate) 04 December 2011

Your only remedy to stop the sale of property under the SARFAESI Act by the bank , is to file Securitisation Appeal before jurisdiction DRT, through an advocate conversant with SARFAESI and DRT proceedings. Don't waste your precious time money and energy with other proceedings in other courts. If you did not get remedy from DRT approach DRAT (appellate tribunal) and then, if necessary High Court.

Prem (Registrar - Medical Oncology) 04 December 2011

Thanks for your reply, sir. However DHFL has only obtained the securitisation order from the CJM recently. On sending them a lawyer's notice they replied that I am welcome to go to their office and see the accounts. But each time I ask them for an OTS settlement they give different amounts which vary considerably.