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Kolkata advocate (Advocate)     31 March 2019

Does court check loan account calculations during moneysuit?

If bank files lawsuit using promissory note, does the court considers account statement and loan agreement as well..specially if consumer already filed consumer court case, and section 17 in Drt against bank for violating loan agreement and RBI guidelines? How much importance is given to the promissory note in civil suit when matter is already pending in two different court on same loan account?


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 7 Replies

G.L.N. Prasad (Retired employee.)     31 March 2019

It depends on the facts of each case.  A civil suit is always maintainable against promissory note.  Consumer Act is an additional remedy.  DRT is a recovery process.  If the borrower thinks that there are mistakes in the calculation of interest, he may point out such violations and submit the statement as per his version for consideration of the court.  But, he can not deny the principal amount

Kolkata advocate (Advocate)     31 March 2019

What if he had paid few lakhs extra than principal amount? Is that DPN still be ground for money suit...when Drt is already looking into that matter including blank DPN which borrower already submitted in Drt during SA filing ? Moreover it was signed 11 yr ago..bank didn't deny that it was 11 yrs old in their written objection

G.L.N. Prasad (Retired employee.)     31 March 2019

It is left to the court to consider your claims on your alleged payments, and on limitation period of the promissory note.  Unless the Bank is sure and certain, they can never file suit against a promissory note barred by limitation.  The limitation is an issue of fact and law to be decided by documents presented before them.  Once the case is admitted, it is left to the borrower to establish such facts.  Please do not underestimate the competencies of Bank's legal team and their able counsels.  Finally when the case is admitted the facts have to be established only in a court of law.

Kolkata advocate (Advocate)     31 March 2019

So borrower have to file for injunction in consumer court so that bank do not disturb borrower unless court decides on the payment amount...and regarding payment of the borrower.... It would be easy for him if he has all the payment related proofs .. That would help him in consumer court , Drt or any civil court to prove that bank has cheated

G.L.N. Prasad (Retired employee.)     31 March 2019

The case was already in 1.DRT. 2.Consumer Forum and 3.Before competent Court.  It is presumed that the case was represented through an efficient advocate that called the Bank a 'Cheat."  Without knowing the facts, statements, calculations members are not competent to guide further in the matter assuming something.  It is left to the Advocate to decide on further course of action on the jurisdiction of a Consumer forum in issuing an Injunction against a financial institution directing them not to approach the Court.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 April 2019

Bankers are government by Banker's Books of Evidence Act and accordingly if they file a certififed copy of the loan account, it is enough and the books of accounts need not be produced before the Court.

 

If a Customer is aggreived by any mis-calculation or charging of higher interest in a scheme government by RBI guidelines/government sponsored programme, such Customer can file a case in the court of law or a counter to the case alrea;dy filed by bank for recovery, specifically bringing out the flaw in the accounts of the bank seeking relief from excess interest resulting because of such flaw.  Courts on their own do not verify the correctness of the calculations of the bank loan accounts where case is filed before them.

Kolkata advocate (Advocate)     10 April 2019

Whatever account they produce should be complete at first..if the account offers few years missing statement and two different version of amortization schedule of the same loan account number is that called a clean account? Moreover, wherever they go for debt recovery must furnish a clean account and amortization schedule to validate their claim..moreover they have charged exorbitantly high interest.........which they must rectify ...I think judges will be shocked seeing their malpractices.. Borrower have all the documents. Interestingly, they have done pergury as well to cover up their activities..but borrower have found suitable evidence to prove them wrong

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