• Need suggestions

Hello, My name is Sanjoy Kumar Das. My father opened a Overdraft account in United Bank of Account in around 2002 giving 3 LIC policy as mortgage. My father expired as on 20/10/2017. As the policy were in running so we got death benefit. Now that thing is the claim amount is in the Bank as the policy were assigned to bank. I claimed the amount and the bank gave me a bunch of papers to fill out. There are one relinquishment, one Disclaimer and one Indemnity form which I had to get done by notary. They demanded 2 surities with ITR. I produced all the necessary documents and signatures. But the bank is keep delaying. I have been going to them for the last 1 year. But till now they haven't gave me the money. In between 1 year, they just kept telling me to change this document & that document and I have been doing the same. I am in urgent need of that money. 
Note - the Overdraft account is closed by them as we cleared all the dues. And the amount is in their Loan Collection account. 

Please guide me what to do.
Asked 6 years ago in Civil Law

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10 Answers

The bank is not giving you the amount due despite repeated requests and a significant interest must also have accrued upon the amount. Therefore give a legal notice to the bank and if they do not respond file a case in the district consumer forum.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Letter write to the bank in this regard and if your case is not sorted out by the bank you can write to the banking ombudsman who required to answer your queries within 30 days.

If your problems have not been sorted out by the banking ombudsman in this stipulated time then you can move your mandamus writ petition in the High Court for the direction to the bank by the High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can complaint to banking ombudsman or consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issue legal notice to bank to pay proceeds of insurance claims as all dues have been cleared 

 

2) if bank fails to pay file complaint before ombudsman 

 

3) if no reliefs are granted file complaint before consumer forum and seek orders to direct bank to pay you proceeds of insurance policy of deceased father with interest 

 

4) also claim litigation costs and compensation for for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See give them a legal notice if bank fail to give you amount you can complaint before the banking ombudsman kr you can file a consumer complaint against the bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a case immediately before the Consumer court for the deficiency in service otherwise they will further delay the matter.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

File consumer complaint against bank and file complaint with Banking Ombudsman of RBI. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Well  the bank on the basis of the Indemnity Bond , NOC of legal heirs and other related document can release the amount lying in the name of the deceases a/c holder.

However if the amount is large then it may insist for Succession Certificate.

In this case  since the bank has not insisted for succession certificate as yet, it can not refuse to release the money anymore and hence you can consider filing a writ petition or a case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If the bank is not responding then you may approach banking ombudsmen for relief.

If you dont get proper response from banking ombudsmen also then you may approach consumer forum for relief and compensation.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear

You should file a complaint with consumer forum regarding refund of the money with Interest and compensation for delaying the payment even after clearing the loan.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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