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K N KUMAR (MANAGERIAL)     09 June 2012

Notice by lok adalat

Dear Experts,

 

I had closed my two personal loans (by settlement), which I have taken from a leading private Bank (2006~07), in July 2009, but after two years i.e., from 2011 they have started disturbing me over phone & legal notice stating that I haven’t closed the loan. Even after many discussions, by showing the proof to the agencies (allotted by bank), still the disturbance is continues.

My query is, can i take action against the bank, under Defamation act of India

Regards

Kumar



 3 Replies

Kumar Doab (FIN)     09 June 2012

You may submit a written representation addressed to BM of the bank from which loans were availed mentioning the detail of closure including all emails, letters, in person visits, phone calls, and then detail of all phone calls received by you with details of calling person with his/her phone number, visits of agencies with name of person/agency, date of visit/intrusion and demand from BM current dated  a/c statement showing nil outstanding, and ask the BM to  instruct in writing with a copy you, all concerned agencies, offices of the bank that loan has been closed and nothing is outstanding.

After you have received the confirmation form BM that nothing is outstanding you may ask the bank BM, MD to beg apology in writing, and withdraw all legal notices, Lok Adalat, and your name from list of defaulters supplied by bank to credit bureau’s, collection/recovery agencies,  and supply you copy of your CIBIL. In case of OTS bank shall show the amount waived off as “Written Off’ which is again a default status, and shall affect your loan taking ability in future. If you approach the bank to clean your credit history bank may demand an amount. You may take this opportunity to obtain clean CIBIL report from bank.

You may take some witnesses with you and impress upon the BM to issue No outstanding a/c statement. After the representation you may submit the minutes of discussion to BM in writing under acknowledgment, and demand to call back the notice from Lok Adalat, lawyers, and stop the agencies.

If the BM does not provide relief you can escalate to Nodal Officer, MD of the bank. You can also issue legal notice to BM, MD.

The BM has not closed your loan that is why you are being treated as defaulter. You should have replied to the legal notices of the bank. You must take the bank to task.

If you have the proof of closure/NOC you are within your rights lodge a complaint with consumer forum, police, courts of law and media. You may also approach a lawyer expert in handling consumer cases and your lawyer shall do the needful. You must attend the Lok Adalat if by that time BM dose not arrange to do the needful.

Kumar Doab (FIN)     10 June 2012

Kindly show the Lok Adalat notice to your lawyer and obtain opinion on its jurisdiction.You may also check the notice is from Special Lok Adalat or Permanent Lok Adalat.

The bank might have filed the matter citing it as an attempt to explore the possibilities of resolving the matter at a location where the bank is comfortable.

K N KUMAR (MANAGERIAL)     11 June 2012

Dear Respondents,

 

Thx for your valuable feedback, i do follow the same


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