• SBI deducted EMI before loan disbursement

I have got the sanction letter of the loan 1.5 months back. I need to sign a tripartite agreement and had to send the disbursement request letter to them. They gave already deducted full EMI for the month. Without disbursement, how can they do that?. How can I go ahead?

Regards,
Hemanth kumar
Asked 5 years ago in Civil Law

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10 Answers

 

 

1) Pre-EMI is the repayment of the interest on loan and does not contribute to the principal loan amount. Pre-EMIs are paid until the full disbursement of the loan.

 

2) seek clarification frombank as to why full EMI has been deducted before loan disbursement 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7545 Consultations

5.0 on 5.0

1) You need to talk with branch manager of loan department, they can't do like that deduct the EMI before disbursement of loan amount. 

2) You need to check when disbursement cheque got printed means on which date if it were having printed date 1 month before of EMI deducated date than bank is right.

Kindly provide further more details on cheque date and emi date.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. The question of payment of EMI arises only when the money is given on loan and the borrower is handed over with the same.

2. Before that the question of repayment through EMI never arises.

3. So in this case the bank is at fault for which you can file a case before the consumer forum seeking refund of this money along with interest and damages.

4. Before e that though you can send them notice seeking adjustment of this with the first EMI you would be scheduled to start paying soon.

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

Dear Sir,

Such practice being followed by Bankers because many of the borrowers not objecting for the same. Any amount deducted towards EMI before disbursement of actual loan amounts to offence of theft from your account. It is a serious matter to be looked into. You may considered whether to continue your relationship with the said bank or not.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

It ALL depends on whether you have signed a loan agreement and what it says in this regard. Kindly check the loan agreement before you file any complaint. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is ridiculous, so file a protest application to the Zonal Manager and a copy to the local Branch Manager from where your loan amount has been sanctioned, they can't do this. If they don't pay any heed to this then file a case before the Consumer Court for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Meet the concerned officer of the Bank with a written request that the repayment of EMIs be suspended until the time the loan is disbursed.

Move a detailed complaint/representation with this concerned officer. 

Take a legal action against SBI only in case your complaint is not entertained. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You can issue a legal notice to the bank if the manager is not giving a convincing reply on this seeking explanation that how and why should you pay EWMI even before disbursement of loan.

You may even drag them to consumer forum for deficiency in service as well as unfair trade practice.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

they cant deduct the same. You can file a complaint about the same to banking ombudsman and if not resolved you can file the same before consumer court.

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

You need to write to banking ombudsman in this regard and in case there is no solution from him then you can file a complaint case in consumer forum and claim the compensation for mental agony and legal charges

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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