• Lien marking on saving bank account

I am ex employee of Axis bank relived on17.9.2018. Bank have a rule that resigned employee should close all staff loans or convert into commercial loans before last day or lien will be marked on staff saving bank account in which PF , gratuity getting credited. I have converted my staff loans in commercial loans. However in one loan it was happened on 18th i.e second day of last working day still bank had marked lien on my account due to which i was unable to use funds lying in that account. Despite repeated mails lien was removed on 10th oct. Meanwhike my emi, credit card payment bounced / not able to pay. Collection team started calling me, thretens me and also viditing my home which make my name bad in society.Due to bounce in EMI my CIBIL hamperd . I had given notice to Axis bank demanding compensation of Rs 50 lk but bank is not replying. Now i want expert opinion in this as lien is marked without readon and advise.
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Hi,

You are suggested to file case of injunction against the bank and also specific performance.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You may file case in jalgaon itself.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. After your retirement your status with the Bank is that of a account holder/consumer.

2. You can file a comlaint case before the local District Consumer Dispute Redressal Commission against the said Bank alleging deficiency in service and unfair business practice claiming the said compensation from the Bank.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can file the said complaint case at Jalgaon since the said Bank has a branch at that place also.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) When you have take staff loan and later on it has been transferred as commercial loan, so at last bottom of that agreement one clause is mentioned of Jurisdiction. Check this Jurisdiction place where its mentioned.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) bank cannot seek to attach your PF money

2) you can issue legal notice to bank that in spite of conversion of staff loans into commercial loans yet lien was marked on account wherein PF was deposited as result you were unable to clear your dues of credit card

3) claim compensation for mental torture undergone by you

4) file complaint against bank before consumer forum and claim compensation

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Complaint has to be filed in Mumbai only as cause of action has arisen in Mumbai

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

As the bank is not replying to the legal notice,you should proceed to file a complaint against them in consumer court under the consumer protection act 1986 for deficiency of services and unfair trade practices adopted by the bank seeking compensation and litigation expenses for the illegal actions of the bank.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Your consumer complaint would be filed in Mumbai.

Case cannot be filed in Jalgaon has no cause of action has arisen there.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

If you are confirmed that it was due to the bank's negligence that you had to suffer the said losses and there is no response from bank despite having given them a legal notice, you may go ahead of filing civil suit for damages or can approach consumer forum for relief and remedy including compensation for the mental stress.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

I was working in mumbai, bank's corporate office and HR is at mumbai. Now i setteled inJalgaon maharashtra so where can to file a case?

You have to file the case ion Mumbai only since the cause of action took place in Mumbai.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer