1) ask Bank for detailed statement of account

2) it would indicate amount of principal and interest payable

3) you must appear before arbitrator

4) file detailed reply

5) engage a local lawyer

Bank is entitled to take recovery proceedings if father failed to make payment on time

2) if your father has made payment show the bank proof of payments made

3) no need to file complaint before consumer forum

1. Dont worry. Bank is trying to scare you.

2. Simply make a clear table of all the amounts so far paid by you with the dates.

3. Ask the bank to provide its ledger pertaining to your loan account.

4. Then reconcile both the accounts i.e. yours and the one provided by the bank and point out the discrepancies to the bank and try and meet the bank officer in person to sort this out.

5. Inform the bank that you are willing to make all its payments as per loan agreement.

6. If no positive response then write a stern letter to the bank through a competent lawyer and mark that letter to the Banking Ombudsman and RBI.

7. In the meanwhile do not stop your EMIs.

8. Just shoot an email to the bank to place on record that all payments being made are on a 'Without Prejudice' basis and subject to the resolution of your grievance.

9. Even if the bank invokes arbitration, the arbitrator will himself order a status quo when you say that you have no intention to withhold the bank's payments and that there is some miscommunication regarding the payment which needs to be sorted. Unless the arbitrator is heavily biased in favour of bank, the matter would be resolved without much difficulty.

Dear Client,

Under sec 60 of Code of Civil Procedure, Exceptions provided about things which cannot be attach.

Provided that the following particulars shall not be liable to such attachment or sale, namely:

a) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman

Appear before Arbitrator, recovery proceeding cannot be initiate at such short terms and if your father is willing to pay the due installment, arbitrator will order in your favor.

Hire some local lawyer

Settle this with the Bank.

The Bank will be more than happy to waive off interest and other unjustified miscellaneous charges, provided you clear the pending payment/due.

Settle this under the OTS(one time scheme)

You have this opportunity available to file a case in the consumer forum but at the same time please attend the arbitrator and present your case for the settlement this is the claim by the other party to take the house old items but normally this is not a possibility you tried to find out settlement of the amount in front of the arbitrator and later go to the consumer forum her and undue pressure and not reverting the request.

I advice you to file a case in the civil court for injunction to take all goods in their possession as you have just few instalments.

Also you have never got any agreement which talks about the arbitration clause in fact they are not disclosing all the details also.

And also if there is any clause then also they can’t take over the possession of the property.

Dear Sir,

1) request a account statement of your loan account from the bank. This will ascertain the dates of payment also in that subsequent payments will reflect till date.

2) appear before Arbitrator file a reply against bank that bank doesnot have any valid demand and this proceeding of arbitration is infructuous.

3) Further if not paid for 3 consecutive months bank can turn your account NPA and send you notice for proceeding that what has happened on your case after 90 days bank ask you to pay complete demand along with interest in 60 days.

4)talk to bank resettle terms pay one two months emi in advance and give undertaking to effect you won't miss in future.

See since you have missed for continuously 3 months bank can take action so there are two ways either settle before bank or there is somthing wrong on part of bank based on loan agreement (the time for issuing notice for non payment) terms and accounts file a consumer complaint based on deficiency of service.

Also in general bank procedure if you miss.for 3 months they issue notice irrespective of subsequent payments of emi to please take note of it read loan related papers and agreements there must be condition for notice and I would advise you to settle with bank and regularise loan again.

If you have received notice about this then you may give a reply notice denying all the allegations about the wrong figures they have furnished.

They cannot take action to take possession of your movables or immovable properties just like that without an order of court.

They may have to follow the due process of law for this.

You can give a warning in your reply stating that any such action would be illegal and they will be held liable for the loss and damages.

You can file an injunction suit also against this.

Also, if i can file a case against the bank in consumer court for all the harassment?

There is no deficiency in service hence no case before the consumer forum would be maintainable.

Hi,

You may appear before the court and present your version of the case. You may regularise the loan also by paying the installment missed.