LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

fight4justice (world)     08 August 2015

Hdfxx bank ruined my cibil,not telling due or not giving noc

Respected Members,,

 

Please let me know what action I can take in following case :-

 

1. had salary account with HDFxx bank.(june 2010) due to my employer hdfxx provided overdraft facility on salary account. overdraft means loan with high interest and can be taken once no balance in savings account till that sanctioned amount. interst is calcualted on daily basis.

2. due to single earning member and middle class joint family, had to take overdraft and used that amount at 18-20% rate of interest.

3. I was paying back rs. 1000, 2000 or 3000.. everymonth. there is no fixed deduction needed as in Overfdraft interest is calculated on no of days...so there is no concept of emi.

 

4. then I got more overdraft from B bank, so shifted my salary account to new bank.  kept  old salary account active and kept on paying back overdraft amount from 2011 till now ...

 

5. Then now 2015 , I had to take personsl loan so applied at sbixx  bank.  in this case, I have other loans but not a single emi is bounced in my full tenure till now 10+ years... my last time cibil score in dec 2012 was 790.

 

6. when in 2015 I applied for new loan ,i got shocking reply from this sbixx  bank that hfdcxxx  has added defaulter entries for overdraft.  my score is 570 now.  I was angry and shocked.  HDFCxx  kept eating 18% interest that customer was paying every month and still ruining my cibil score.  I was not knowing this.  I was thinking all good.

 

7. the moment I got to know this fraud, I arranged amount and cleared all overdraft  then and there.   I started phone call to customer care - hdfcxx  to give me  noc,clearence or tell me dues if any.  they didnt help with anything, just told go to branch.

 

8. Then I started email thread to HDFCxx  that also they didn't help. 

9. Then I escalted ticket to Grivevence desk.. they told visit branch.

10. Then I visited hdfcxxx branch by taking leave and explained everything to Branch manager and bank person. I  told if dues are there tell me . if dues are not there give me noc.

11. After 3 hours, they confirmed no dues , that time I asked NOC for that bank person told, This customer is just doing timepass..  in front of Branch manager.. I really got very angry but I didn't say anything.

12. After that, that bank person sent me mail of  year 2014 which was saying I need to pay OD.. which I already did in july 2015.

13, Since I am taking loan from sbixx bank, hdfcxxx delibrately blocked my processing by not telling dues and not giving noc.  sbixxx people directly talked with hdfcxxx guys but then also no help.

 

 I told HDFCxxx, what you are doing is just blackmailing to old loyal customer and  my reputation is spoiled for no reason. there is not even one mail about hdfcxxx getting issue with my overdraft.  they backstabbed me and due to urgent family medical emergancy I wanted loan which was not sancitioned  by sbixxx due to hdfcs remarks in cibil which  hdfcxxx  didnt correct and hdfcxxx  didnt give me noc or dues also.  making me suffer worst way.

 

 Finally, I sent them mail and told, this is clear cut blackmailing hdfcxxx is doing over time.  They have ruined my reputation (cibil) score for no reason. Even after repeated phonecalls, many emails/requests, followup with grivecence redressal+ branch manager and visiting meeting hdfcxxx branch with branch manager, hdfcxxx is not doing anyting. They are not giving Due amount if any or not going NOC also.

 

Since this torutre was going on for one month ,  I told them, since you are not telling due amount if any or not giveing NOC, you are continously blackmailing me by blocking noc. and  my reputation is gravely damaged by hdfcxxx for no reason.  if they don't give me due amount statement or noc by  this week, I will be forced to do crime that, I will  stop  cureent running hdfxxx personal loan payment emi/ecs. As for no fault of mine  HDFCxxx is provoking me /blackmailing me to commit crime. in my life I never defaulted any emi, but now I am forced to.

 

Now, I want to fight this in  honble court ... by showing all proofs of above.. I have emails to all ... I have phone recordings of all officers , how they exploited me ... I have my clear payment history for past all years...  and new loan application due to  current medical emergency at home and operation expenses etc details.

 

Please, can you help me with

1. I am going to stop ECS for sure, will this be okay ? what next steps I need to take.

2. I need to know what all things HDFCXxx can take and I want to bring in front of honble court the harrasments/toruture they did to me for no reason. They spolied my reputation for no reason and without informing me (but kept on eating 18+% rate of interest on overdraft amount.)

3. anyother thing I need to take care.

4. its not that I dont want to pay personal loan ... I want justice, HDFCxxx has continusly balckemailed me by not giving noc or dues statement. hdfcxx has ruining my reputation  by adding bad entries and not informaing. Evenafter clearing that amount, still they have not cleared cibil or given noc to me.

5. Due to above reasons, one middle class person was blocked important medical emergacny cases and he was provoked to commit crime  of blocking ECS payment...
so that this case will be going to court.

Please, suggest will this backfire in Hon'ble court ?  they have spoiled my things for no reason and they are not ready to correct. hence I want to get that highlighted.

 



Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     08 August 2015

Hello!

I understand the situation you must be going through. you need to serve them legal notice through Advocate to the Bank and their Chairman & MD about their negligence in service and ask for compensation.

Failing which you can approach the consumer forum for your grievance.

You are adviced not to stop your EMI of Personal Loan as this would backfire you in your case.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

1 Like

Kumar Doab (FIN)     08 August 2015

 

There are many threads on banking and Banks like M/s HDFC bank Ltd at LCI alone that you may find relevant and useful at:

 

https://www.lawyersclubindia.com/forum/default.asp

Type the key words in box ‘SEARCH TOPICS & POSTS’ on  right hand side, bottom.

https://www.lawyersclubindia.com/experts/default.asp

Type the key words in box ‘SEARCH Q& A’ on  right hand side, middle.

 

e.g:

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp

at:

https://www.lawyersclubindia.com/forum/default.asp#.VcWi1bV-jMo

 

It is true that M/s HDFC bank has been penalized by courts of law endless no. of times and as per various publications it can be tagged a habitual offender.

M/s HDFC bank is not a member of IBA and hence vigilant customer should avoid banking with it.

Did you escalate to MD of the bank Aditya Puri:

aditya.puri@hdfcbank.com

 

 

You have posted that:

 

>>> “12. After that, that bank person sent me mail of  year 2014 which was saying I need to pay OD.. which I already did in july 2015.”

“They spolied my reputation for no reason and without informing me (but kept on eating 18+% rate of interest on overdraft amount.)’

“HDFCxxx has continusly balckemailed me by not giving noc or dues statement.”

“he was provoked to commit crime  of blocking ECS payment...”

“Now, I want to fight this in  honble court ... by showing all proofs of above.. I have emails to all ... I have phone recordings of all officers , how they exploited me ... I have my clear payment history for past all years...  and new loan application due to  current medical emergency at home and operation expenses etc details.”

 

Did the bank sent you an email in 2014 asking you to pay OD? Was any time limit set in it? Did you pay within time limit? Did the bank charge any penal rate if you did not pay within time limit, while you made payment in 2015?

 

Did the bank supply you a notice before sending your name to CIBIL?

Did you bank supply you a statement of dues in its email of 2014 and in 2015 before you made final payment?

Did it write NO Dues after you made final payment?

 

 

>>> “11. After 3 hours, they confirmed no dues , that time I asked NOC for that bank person told, This customer is just doing timepass..  in front of Branch manager.. I really got very angry but I didn't say anything.”

Do you have recording (audio/visual/minuted/witnessed) of this transaction also?

Have you lodged complaint narrating this incidence?

 

>>> “1. had salary account with HDFxx bank.(june 2010) due to my employer hdfxx provided overdraft facility on salary account. overdraft means loan with high interest and can be taken once no balance in savings account till that sanctioned amount. interst is calcualted on daily basis.’

Is this OD and charges,T&C attached with it supplied to you in writing?

Do you have or did you demand certified copy of the a/c opening form and OD from bank in writing? Did bank supply it?

 

RBI has issued guidelines that have statutory force and are available on RBI Bank’s website and

Has to be maintained by Bank on its website and in branch and has to supply a certified copy without any cost to customer.

If you have been overcharged then you may claim to return the overcharged amount with interest  (@ equitable to min of as charged by bank or equal to as charged by bank in its other products e.g CC or as deemed fit at your end) with other charges as deemed fit by you and ask to adjust it in ECS etc otherwise you may pay ECS………….

 

 

You may show everything to a lawyer specializing in banking/consumer matters and approach DCDRF. Your counsel may opine that you can file for civil suit for damages and press criminal charges if evidence is with you. You must demand certified copy of all communications sent by bank to CIBIL and demand to accept its default and beg apology in writing and cleanse your credit history in a manner that it won’t have any adverse effect on your loan taking ability and that you will submit a loan application within next day of judgment in your favor etc…………

 

Tame and shame the bank:M/s HDFC bank Ltd.

1 Like

fight4justice (world)     09 August 2015

Thank you very much Respected Members for giving helping hand...

Yes, I want to show them how they can messup reputation of middle class for no reason.  Just taking loan doesnt grant them access to play with anyones life.

>> “12. After that, that bank person sent me mail of  year 2014 which was saying I need to pay OD.. which I already did in july 2015.”

[update:] <-- first thing to note : (as per them) in this duration, They just sent only once , physical copy of mail in 2014 and somehow,I have not received. strange thing was I had applied for email communication always since all those years (till now also).  now, after seeing soft copy of said mail, it just mentions that salary has not happened and make sure to have salary credited. there is no mention of charges/dues/cibil. 

----------------
As there has been no salary transfer through the normal company salary transfer process for more than 30 days, we have withdrawn the overdraft limit as a precautionary measure.

Your account is overdrawn by Rs. xxxxx  as on date. Hence we request you to deposit the necessary funds to regularize the same to avoid penal interest being debited to your account.

In the event of resumption of salary transfers to the account kindly contact your nearest branch for reinstatement / set up of new limit.

------------------------------

“Now, I want to fight this in  honble court ... by showing all proofs of above.. I have emails to all ... I have phone recordings of all officers , how they exploited me ... I have my clear payment history for past all years...  and new loan application due to  current medical emergency at home and operation expenses etc details.”

Did the bank sent you an email in 2014 asking you to pay OD?
[update] : NO, not a single email on this.


Was any time limit set in it?
[update] : I have not got any communication, and now copy of that mail is also not showing anyting.

Did you pay within time limit?
[update] : They didn't told me any timelimit. and my account was also in active state, I was paying each monthly payments... regualrly...

Did the bank charge any penal rate if you did not pay within time limit, while you made payment in 2015?
[update]: no, because it was not delay/default or like that. this is OD account, they charge me interest on number of days I used overdraft.

Did the bank supply you a notice before sending your name to CIBIL?
[update] : nope, they njoyed my monthly payments and in background kept damaging my cibil and I was thinking all Good :) .

Did you bank supply you a statement of dues in its email of 2014 and in 2015 before you made final payment?
[update]: nope.  I just did payment by seeing account.  I used to make payments whatever is possible everymonth. but minimum I used to pay is interest part atlest.

Did it write NO Dues after you made final payment?

[update]:  nope... this is what HDFCxx  has harrased me to exterem.  They are not sharing any dues or they are not giving NOC also.  just wasting time and thats what is hitting me badly..as I have lot of urgent medical errands I need to take care.

>>> “11. After 3 hours, they confirmed no dues , that time I asked NOC for that bank person told, This customer is just doing timepass..  in front of Branch manager.. I really got very angry but I didn't say anything.”

Do you have recording (audio/visual/minuted/witnessed) of this transaction also?

[update]: Yes, I anticipated  with their past communcition on this request HDFCxx is going to mess up, so I have recorded all this for future reference. From hdfcxx branch , I contacted Grievence officer also to get it re-confirm,thats also recored. They cannot go back.  I will make sure all of them lie in court and then I will open up my cards.  I am in  no mood to let this go... This has hit me badly... I always requested them... please just give me due amount or noc... but don't blackmail.

Have you lodged complaint narrating this incidence?
[update] : Not yet done. but updated this incidence in grienvence officer mail thread.

>>> “1. had salary account with HDFxx bank.(june 2010) due to my employer hdfxx provided overdraft facility on salary account. overdraft means loan with high interest and can be taken once no balance in savings account till that sanctioned amount. interst is calcualted on daily basis.’

Is this OD and charges,T&C attached with it supplied to you in writing?

[update]:  I am not able to recall, but I did sign details and agreed on  rate of interest . Payment term was clear,  no of days interest will be charge and no other  fees like processing.  only  custoemr needs to pay interest + prinicpal on no of days of usage.

Do you have or did you demand certified copy of the a/c opening form and OD from bank in writing? Did bank supply it?

[update] :  nope... I will request for same.

RBI has issued guidelines that have statutory force and are available on RBI Bank’s website and

Has to be maintained by Bank on its website and in branch and has to supply a certified copy without any cost to customer.

If you have been overcharged then you may claim to return the overcharged amount with interest  (@ equitable to min of as charged by bank or equal to as charged by bank in its other products e.g CC or as deemed fit at your end) with other charges as deemed fit by you and ask to adjust it in ECS etc otherwise you may pay ECS………….

[update]: nope, its clear about charges and I also agree with that. and already made full payments july 2015 only..

You may show everything to a lawyer specializing in banking/consumer matters and approach DCDRF. Your counsel may opine that you can file for civil suit for damages and press criminal charges if evidence is with you. You must demand certified copy of all communications sent by bank to CIBIL and demand to accept its default and beg apology in writing and cleanse your credit history in a manner that it won’t have any adverse effect on your loan taking ability and that you will submit a loan application within next day of judgment in your favor etc…………

 

 

okay.. fabulous help  Sirji... thanks a ton for those guideance...

 

Kumar Doab (FIN)     09 August 2015

I have stood for cases against M/s HDFC Bank and have always advised to stay away from banks that are not member of IBA e.g. M/s HDFC Bank, M/s ICICI Bank, M/s Axis Bank etc.............

 

In a recent case the managers of M/s HDFC Bank and M/s HDFC Ltd, were so high headed that  they stated if a case in court of law is filed then they don't go to court and their lawyers or some junior....................Deputy Manager appears.

 

We succeeded in getting summons then bailable summons issued in thier names.......................and they appeared with thier heads hung in shame.M/s HDFC was penalized. The managers were trnasferred and later removed.

 

If you have understood the tactics then it is simple:

 

Such offender banks require personnel with such skills (although legal) to sell their products (although no good products), fetch revenue and profits (huge profit) for thier masters and those who have either acquired skills, attitude, and temprament   suitable to thier masters are required and are protected to an extent by the Bank....................................although it is not fair and against the principles of banking and banker and detrimental to nation and citizens...................

 

You may also note eventually that these bank personnel would be transferred to some other location so that they don't have to appear in person.................

 

You may show everything to a lawyer specializing in banking/consumer matters and your counsel would know how to defend your interest.

 

 

 

 

 

 

 

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query