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Subhojit Sarkar (Proprietor)     06 March 2015

Demand notices u/s 13(2)

I have taken a mortgage loan of 670000/= on 8/8/2006 for 8 years with an EMI of 11140/=. Interest rates have been revised and the loan is extended to 7/12/2015. Now, my account is NPA with 6 EMI dues and penal charges extra. Bank issued me Demand notices u/s 13(2) on 21/4/2014 and total amount dues as on 17/2/2015 is 317000/= . Earlier i have written letters to the bank and on 17/2/2015 I had met with the Regional Manager of the bank and assured him that i am going to pay the EMIs and he asked me to pay 2 EMI by 23\2\2015 and i did that. But , i was shocked that on 19/2/2015 bank official came to my house for posession to whom i have talked the other day. They said its a routine job, you just pay two EMI by 23/2/2015, which i did. Further i got to know that the bank has published demand notice on 21/2/2015 for my property and demanding 317000/= to pay. Till now i have paid more than 10 lacs to the bank and from the last five month i am paying at least one EMI every month. Shall i approach to DRT or civil court for time gain? What to do? Please advice. Thanks


 2 Replies

R.K Nanda (Advocate)     06 March 2015

take stay order from DRT asap so that bank do not auction ur property.

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sridhar pasumarthy (ADVOCATE)     06 March 2015

Prefer appeal before DRT.  Civil Court has no jurisdiction 

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