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SK   30 September 2019

Summon u/s 26 pss act - for bounced ecs

Hi, looking for help (bank is using the summon to harass, even after the due was paid)

Loan : mortgage loan ( Jun 2016 to Jun 2022) - a joint loan account where my parents and wife have signed the agreement

Location : Loan sanctioned from Bangalore Branch; but they sent a summon from Delhi court :(

Background : I lost my job in April 2019 and had been having financial issues. MISSED - April and May EMIs - to be paid on 10th of every month (ECS bounced due to insufficient funds).

Payment Both pending EMI's were paid (NEFT) on 21st and 23rd of May + Cash payment of 11,500 for penalties 

In May 2019 the bank executive spoke in a rude manner asking why i can't pay immediately. I told him, I'll pay all outstanding before End of May for sure but he kept insisting and acted rude for an immediate payment. To stop him from harassing me further, I told him I'm willing to pay all dues but if he is in a hurry can take legal action (as i was put under stress for immediate payment of dues)

In spite, of making the payments in May-2019, and confirming the payment details to the bank executive - he and his team failed to update the loan statement.

I was shocked to see in June that my loan account is still showing as pending for these EMIs. I immediately wrote to the bank on 5th June asking them to update the records - I didn't receive a confirmation, and wrote again on 24th June asking them the update my account details (and escalated to the Nodal officer). Finally i received an email confirmation with the "statement of accounts" that was showing the payments. BUT these were show as paid on 26th June and 2nd July instead of the actual payment date of May 21st and 23rd. (a mis-representation of the facts)

My financial worries has continued and I had been making late payments (usually within 25th or 26th of each month instead of 10th). I have no dues as of today (Sep Month end)

I will be able to make regular payments starting Oct 2019 onwards (i have been able to arrange funds/cash flow to ensure the ECS is paid going forward) 

All these months - I have been in constant touch with the bank representatives, speaking to them whenever they have called me and letting them know of tentative payment dates; and confirming payment details every time the payment was made. 

My intention was to service the loan and have not gone into hiding but the Representative has malafied intent because of his own ego and this summon is for a payment paid in May-2019. 

What are my legal options

Thank you

 4 Replies

Real Soul.... (LEGAL)     30 September 2019

Since the action has been initiated under Payment of settlement system need to apear on the hearing with all of your documents/receipts either by yourself or through your counsel. 

Just prepaere your defense and submit that there is nothing pending as alleged but instead they are haressing you. 
You should also write to bank Ombudsman and file your complaint for the reude beheaviour of bank employees, just presant that copy too before the Magistrate.

You can also file a complaint online at RBI .

SK   30 September 2019

Thank you, can i contact you to help prepare these documents and represent me during the summon date

Real Soul.... (LEGAL)     30 September 2019

My dear i am not in Delhi,just hire some local Advocate and follow up don't worry if you have paid already ,Just becareful don't give any undertaking for future or increase the installment.SHow to court that you should be given time to setlle the amount and  also make submissions that they are harassing you badly  instigating mental torture and depression  for which you are taking measures to get the greviences redressed.

If yiuy feel any force just seek  oppurtunity for until next hearing and meanwhile file writ petition against the order.

Vinod shah (legal assistance for victims of system.     10 October 2019

you have paid the EMI  and not the loan so they may have put cheque bounce case.

Fight on tech issues to win.

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