• Case against ICICI bank

In 2007 i applied for a car loan with ICICI bank, which was approved, however due to immediate travel to USA, i requested for loan cancellation , however ICICI bank issued the cheque amount in the name of DSA through which the loan was applied, i have submitted written compliant to ICICI however no action taken, i keep receiving calls from the loan dept plus my credit rating is impacted due this, kindly advise the way to move forward
Asked 4 years ago in Criminal Law
Religion: Hindu

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16 Answers

See you can file a complaint before the banking ombudsman for the redressal of.your issue.

First give a notice to concerned bank branch if they fail to address the issue complaint before the ombudsman can be preferred.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Have the cheque deposited and credited by the party. If no than kindly make complaints against bank on RBI website to ombudsmen for harassment.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can file complaint to banking ombudsman or consumer court for the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Complain to consumer forum against the bank for not considering your loan cancellation requests made immediately after the application and seek necessary direction to the bank to cancel the loan by the bank and not to claim it from you except the loan cancellation charges if any .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

ifcar lona was not disbursed to you then you are not liable to repay the loan as you had requested bank to cancel the loan 

 

deny your liability to repay the loan 

 

claim of bank would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Dear Sir 

You can proceed you case through banking ombudsman or you can seek remedy of Civil Court too. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

- Loan applications are not considered binding contracts, so if you find a better deal or if you decide that you no longer want the loan, you may cancel it without submitting the cancellation application in writing. 

- Further, you cannot cancel your loan application after the money transfer in your account or the account of your direction. 

- Since, you cancelled the loan after being approved , then  you are liable for the same as per banking rules and regulations.

- Now, only informing the bank for cancelling will not solve your problem , and bank will take action against you for the recovery of the sanctioned amount, as the amount is still with the DSA.

- You should issue a legal notice to the bank and DSA as well for resolving the matter in dispute.

- Further, if the bank continue to harass  you , then  you will have to approach Consumer court and RBI. 

- Cancelling loan application will not impact you credit rating .

 

Good luck and dont forget to rating Positively

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

File consumer complaint for compensation for unfair trade practice, mental harassment and clearance of credit rating.  And compensation for effecting civil score.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Do you have evidence that you had applied for cancellation of the loan application submitted by you and the bank has issued cheque towards the said loan even after receiving the said request for cancellation?

 

2. If yes, then, you can file a complaint case before the local District Consumer Dispute Redressal Forum against the said Bank alleging deficiency in service and unfair business practice claiming confirmation from the Bank that your loan application has been cancelled, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Concern,

Please note - 

01. Please write a formal letter to the concern branch manager with all proof affirming your stand stating that you never wanted to have this loan but you were anyhow forced and now you want this loan account to get closed. 

02. If no action is being taken then write a formal letter to internal ombudsman of the Bank stating the same by attaching all the proof and the complaint letter which you have already written it to the Manager with proper tracking report stating that your complaint was received to him. 

03. If no action is being taken by the internal ombudsman also then write a complaint to the Banking Ombudsman of the RBI. 

I am sure your issue will be resolved by the time you have reached to Internal Ombudsman only. But if it still remains alive then it will get resolved by the time you have reached the Banking Ombudsman.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

If the cancellation of loan was intimated to the bank within the stipulated time as per the agreement, then Bank cannot charge any interest or give adverse report to CIBIL. At the same has been done in your case, you can file a complaint against the bank in consumer forum for deficiency of services and unfair trade practices adopted by them to get the same rectified.

 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You should file a case with consumer forum against ICICI for non compliance with your request.

Due to which your credit rating and image has come on stake.

You can claim compensation for harassment and damage suffered due to no action on your request to cancel the loan. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear sir,

According to your query, we can move in two ways.

1. We can file a criminal complaint against the bank concerned on the ground of mental harassment and agony.

2. We can send a letter of intent to the bank and get the matter settled amicably. 

Pls be informed, this should be done before the legal proceedings are initiated against you. Be assured ancs be confident. We can tackle it smartly. 

You can contact me for consultation.

Regards,

 

YUGANSHU SHARMA

ADVOCATE

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

1. You had applied for loan and then requested for cancellation but the loan was nonetheless disbursed through cheque.

2. It is not clear from your query whether you sought cancellation of loan through writing.

3. If the request for cancellation was made in writing and you have preserved it then you may sue ICICI Bank in the competent civil court to declare that you are not bound to pay the loan and also seek mandatory injunction against it to remove the negative credit rating and damages for mental agony.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can file a complain case under the consumer protection act before the District Consumer Forum in order to get compensation for the harrassment

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

What have you been doing since the yer 2007 till this date?

 

The loan was granted but you have not availed, then what action did you take on it so far?

If you have not availed the loan at all then you can very well drag the bank to consumer forum for spoiling your credit score.

Until it is no t know what legal action you have taken so far on this,m no suggestions can be made because it may be a repetition.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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