Koel (Unemployed ) 21 June 2025
Dr. J C Vashista (Advocate ) 21 June 2025
The education loan is unsecured and without hypothecation of property (ies), the Bank may initiate a commercial suit for recovery of outstanding amount after issuance of notices and declaration of the account as NPA, if Branch Manager is not convinenced with your plea to suspend EMIs.
T. Kalaiselvan, Advocate (Advocate) 21 June 2025
The bank manager cannot suspend the EMIs for whatever reason you may state.
The law is common for all.
It becomes your duty to repay then loan.
You have stated tht your father died in the year 2023 but after that also you were paying the EMI for more than a year, how did you manage it?
Is there any property lying on your name?
The bank may initiate legal action by sending you notice under sarfaesi act after beclaring your account as NPA.
If there is no property on your name then they may file a money recovery suit which will run for years, in the meantime you can better procure a job and start repaying the loan in installments as per court order in case they appraoch court with a suit for recovery of loan amount
Koel (Unemployed ) 21 June 2025
@T.kalaiselvan , thank you sir for giving me a clear picture. I absolutely stand by the law and I have all the right intention to pay back the loan like I was before. I Lost my job last year and was paying through what ever little savings I had. I have no property under my name nor did my parents have any asset under their name. Nothing tangible or intangible exists. The only way to pay back the loan is through a job and I am working towards it. All I want from the bank is some moratorium which even the RBI grants each bank to provide its borrowers in case of unemployment upto 3 spells in the lifecycle of the loan. I am trying to negotiate some time to regularise my account. Your input was valuable. Thank you.
T. Kalaiselvan, Advocate (Advocate) 21 June 2025
You are welcome for your appreciations and understanding.
You may negotiate with the bank for moratorium though I have my own doubt that the bank would entertain you, whatever, you may proceed as per your own plan.