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legal prosedure to recover the foreign bank personal loans


Sir, my friend has taken personal loan from Dubai Bank when he was employed at U.A.E.as an electrician. The bank is also govt. and Employer is also ruler of Dubai. Based on his employment, home take salary and letter from employer, the bank has given the loan. He paid sincerely the loan instalments for approx.11 months.

Unfortunately during world financial crisis, i.e during the year 2007/2008, he has been terminated by the employer in view of reducing the man power and over head cost, even without any mistake on his part or any show cause notice in earlier. After hearing of this incident, his father has been admitted in the hospital at his native place and he rushed to India to look after the treatment of his father. From India, he has given information to the Bank as well as employer sincerly about the incident. He requested the employer to pay to the bank the balance amount whatever he can get in final settlement. Employer has paid to the bank o/o of him and sends the receipt through mail and canselled his visa.

More over his loan has been insured by the same bank agent by taking extra premium for recovering of equivalent loan amount in case of sudden un-employment and also in case of accident etc.. at the time of processing the loan documents itself.

Through net he came to know that the Dubai Bank is closed and taken over by emirates Islamic bank.

29 November 2012 was the last day for Dubai Bank to work as Dubai Bank. From 1 December 2012 Dubai Bank cease to exist and everything will be under the umbrella of Emirates Islamic Bank.

Now the question is, after passing of five years time, some unknown persons so called agents are calling and by taking personal details from bank or anywhere else, they are giving threatening calls and harassing him without showing any authentication from Original Bank. In these circumstances what my friend has to do. Presently, my friend lost the job in India what he was doing in earlier and doing some hard work and looking after his family. He doesn’t have money to pay back. Kindly advice what he has to do in this matter and whom he has to approach?   

Employer has done injustice by terminating him without any mistake on his part. He sincerely paid all the instalments in regular when he was in employment there. He would have paid the balance instalments sincerly, if he will continue the service there. During the same period lakhs of people came out from the foreign countries  to India i.e., to different states like keral, A.P.and Tamil Nadu and so on due to loss of jobs due to world financial crisis.

The injustice happened to him is not to be repeated to anybody else. Now he is mentally depressed and not finding ways to come out from these problems. Any thing may happen to his life, if the agents conyinues harrashing him. His Visa has been cancelled by his employer and no –entry has been imposed on him for not to enter in to Gulf countries.

Kindly advise him what he has to  do In these situations.

 
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Student

Dear Mr.Chandramauli,

It is evident that being an Indian Citizen Indian Laws will prevail hence as the fact speak no civil litigation is possible as already the period of three year has elapsed more so you should take proactive steps to avoid Criminal litigation ( I have already forwarded my PM on this to you).

Best regards

Daksh

 
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Student

Dear Mr.Chandramauli, 

It is evident that limitation period for civil case initiation is already over, More so we need to see the terms of the Agreement as to whether the terms of Insurance will survive his termination from service.  It will also be helpful to know whether the person who are calling are agent of Dubai Bank or they have been employed by Indian Bank who has purchased the NPA from their Dubai counter part.  It is advisable that two proactive steps needs to be taken one ensuring the identity of these persons secondly put them to notice with copy to local police.  Lastly as there are so many similarly situated person the possibility of exploring the need to approach the High Court via Writ Petition could be a good option.  

Best Regards

Daksh

 
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