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Koel (Unemployed )     21 June 2025

Education on the verge of becoming npa

I took education loan in 2018 of 750000. My course was masters and 1 year course. My 1st installment was on 01/09/2020 of 8175 rupess . I have not defaulted any payment up until december 2024. My father was my Co-Borrower, he died in 2023 due to cancer. I am an orphan now as i lost both my mother in 2019 itself.i dont have no any asset, no house, no shop, no land and no savings. I am 32 years old unemployed and unmarried. The loan was unsecured. The bank called me to infom that my account is going to become NPA. I am unemployed but looking for a job past 3 months, i might take some time to more to get one and only then i can start paying my loan again. I have informed the bank about my situation and have requested them to suspend emi for few months or moratorium but they have not responded yet. I want to understand if it slips into npa will the bank immediately got for a law suit against me or they will wait for few months? If they wait , then what is the approximate time will it be before they bring the law suit. Also if they go by the DRT route will DRT be have the same rights of filing a law suit or can they only call and ask to pay up? I need serious advice on this. And if they bring law suite what are my options. I have nothing to pay upfront.


 4 Replies

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. 

1 Like

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

1 Like

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.

 

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