Greetings! I have a question in my mind and need your attention please.
Here is my story:
I got a used car loan from HDFC Bank on Aug’11. Actually this loan was taken under my mom’s name and I agreed to become a co-borrower and gave my documents(like Form16, salary slip, bank statement. etc.. ) But I didn’t signed anywhere in the customer agreement. At that time, I thought the bank doesn’t need me and the loan was processed.
Later after a month or so, I got shocked by seeing my signatures in the customer copy. Noticed someone from the bank perspective had put my signature like the one I signed in the copy which I gave to the bank.
First they agreed to use my mom’s A/C cheques but after a month they tried ECS(direct bank to bank transfer!) without our knowledge and also without my mom’s signature.
I am sure, she doesn’t sign that ECS forms in the Loan agreement. ( as per my phone advise to her at the time of her signature in agreement)
Now because of this, the ECS keeps on failing and the collecting agent comes to my home and collecting the EMI.
One more issue: I was told to go for a full insurance for the used which I purchased. They told it is mandatory to process the loan and so they took 7K in my loan amount.
The sad part was, I didn’t get the insurance papers upto 3 months and so I raised my voice to all the managers/agents in the Bank. After a month struggle they gave me the insurance papers with new dates.. (i.e the new insurance starts from dec’11.. it literally means they have processed the loan without the insurance and they processed the insurance only after my notification.. what if my vehicle got accident/crashed on that time span of Aug’11 to Dec’11.. which means my vehicle tan without insurance and the paid money was with the Bank for that duration! )
Now comes my question.. Can I approach a court for this issue ?
Fyi. I have the following documents with me :
1) customer copy of the loan agreement – in which my signature is a fake ones.
2) Bank passbook to show that the money was there in my mom’s a/c for the EMI dates. And the ECS got rejected by bank because of invalid signature
3) Insurance policy – with new dates.. means the insurance was not on time of loan process.
Looking forward for your response..
Thanks in advance,