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Ajay (proprietor)     02 November 2010

DRT

Sir
I have taken a loan from HDFC for home loan and cash credit loan,we were having tough time during reccesion from 2008 september to 2010 march but any how were paying full interest part within 90days to Bank to avoid NPA of cash credit laon.Beside this we were paying housing instalment as when we were getting fund.But bank issued us 13(2)notice on 29th Decmber even after that we paid 2 instalment in december,2instalment in february and 2 instalment of 15th march2010.After getting thse instalment even bank publish possesion notice in newspaper and issue us also same on 26th march2010.
In the mean time we made variuos request from Bank to defer our instalment for 6month,help us to come out of reccession but bank refused to cooperate us amd they send us a letter that they can not help and we have to pay per agreed term.
We have no option but to take stay from DRt Bangalore but even after 3 hearing when we ask bank why our account become NPA,we want he reason DRt bangalore vacated suo motto stay.We move to DRAT Chennai and got stay that judgement should be done before 15th December.
further Bank never gave us any letter about our default amount nor they give any notice to pay default amount,they directly issued us 13(2) Notice.Even in 13(2) notice they have not mention what is default amount due neither they mention what is total amount due.
Now can we file damage suit on bank for harassing me and not cooperated me during my bad time,due bank this behavious we have lost huge credibility in market,and fund shortage put my business to heavy loss and our account show loss of Rs11lac in last year where as we were making 5 to 6 lac profit every year.Now next hearing is on 8th november,so what remdy we shud seek,



Learning

 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 November 2010

File counter claim for damages amd also criminal case with advice of an expereinced advocate.

M V Gupta (Advocate)     04 November 2010

You may consider filing a complaint with the Banking Ombudsman whose office is located in the Reserve Bank Of India, Bengaluru. In your compalinmt you may set out the details of the case and seek withdrawal of the notice issued to you. The proceedings before the Omudsman are in the nature of conciliation and should not be affected by the pending appeal before the DRAT, Chennai/DRT, Bengaluru.


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