Hello Sir/Madam I am a defaulter of personal loan worth Rs 1200000/- (13 Lacs) for icici bank. The icici has won the case in DRT as i was not informed by icici about any such case nor did DRT informed me. So, in my absence they have won the case with O.A. No.: 93 of 2016. The DRT has issued Recovery Order (Which I got from the DRT web site) and has asked me to pay Rs.12,99,850.37 (Rupees Twelve Lacs Ninety-Nine Thousand Eight Hundred Fifty and Paisa Thirty-Seven Only) together with pendentelite. Icici is harassing me calling different different people is my office randomly, whom i don't know at all, by saying "I have given their reference) DRT has also ordered to recover the money from the sale movable and immovable properties, which i don't posses any, as i have lost 8000000/- (80 lacs in share trading). I want to know 1- Can they send my to jail, if i am not able to pay the amount 2- Can they seized my monthly salary. I want your help in this regard.
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you will have to file affidavit in recovery proceedings disclosing your assets if any
2) if you dont have immovable property/ bank accounts bank would find it difficult to recover money from you
3) part of salary can be attached for recovery of bank dues
4) you can be arrested for non payment of decreetal amount
Summons may have issued to you by DRT and only after service of summon and your non appearance, DRt passed ex parte order.
If no summons received by you, file application to set aside order.
1- Can they send my to jail, if i am not able to pay the amount -- Not without court order. Court has power conferred to order the execution of a decree for the payment of money by arrest and detention
Yes, up to 2/3rd.
1. They can go for execution of the order.
2. You can challenge the said order.
Regards
The immediate requirement is that you have to approach on level High Court against the order of DRT and get order and the Order of this debt recovery Tribunal get to find institution in the High Court to get the direction for ICICI Bank ok on the order of drt and later on you have to file a review petition in drt as you have not had the opportunity to be hard and according to your income and properties did it will decide recovery of the loan and accordingly you have to pay after course they can put lean on your salary that is to be paid directly to ICICI Bank in drt orders
HI I do not posses any property/Car/Bike/Shares/Money in bank Accounts as i lost Rs. 8000000/(80 Lacs) in shares trading, from which Rs 22 Lacs per paid to icicidirect a brokerage. Please tell me what can be consequences on the basis of below order. Below is the order, I have received from the DRT Web Site. Debts Recovery Tribunal-III, Delhi 4th Floor, Jeevan Tara Building, Parliament Street, New Delhi ICICI Bank,Delhi. Applicant Versus Haider Husain, Delhi. Defendant Date of Institution: 07.01.2016 Date of Pronouncement: 23.03.2019 Present: Mr. Rakesh Singh, appears for applicant bank. None for defendants. FINAL ORDER This original application has been filed by the applicant bank, on 07.01.2016, under Section 19 of the Recovery of Debts Due to Banks and Financial Institution Act, 1993 against the defendant for recovery of a sum of Rs.12,99,850.37 (Rupees Twelve Lacs Ninety-Nine Thousand Eight Hundred Fifty and Paisa Thirty-Seven Only) together with pendentelite O.A no. 93 of 2016 2 and future interest @13.50%p.a., till the date of realization. ORDER (i) I allow this OA and direct the defendant, to pay to the applicant bank, within 30 days, a sum of Rs.12,99,850.37 (Rupees Twelve Lacs Ninety-Nine Thousand Eight Hundred Fifty and Paisa Thirty-Seven Only) together with pendentelite an future interest @13.50%p.a., with monthly rests till the date of realization; failing which the aforesaid amount shall be recovered from the sale movable and immovable properties of the defendant. (ii). The recovery certificate be issued forthwith and be sent to the Recovery Office-I, Debts Recovery Tribunal-III, Delhi. O.A no. 93 of 2016 5 (iii). Parties are directed to appear before the Recovery Officer-I, DRT-III, Delhi on 25.04.2019. (iv). Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. (DHARMINDER SINGH) PRESIDING OFFICER DRT-III, DELHI (Pronounced in open court) Dated:23.03.2019
Recovery officer would issue you notice to file affidavit disclosing movable and immovable property standing in your name
2) if you don’t have any property on your name file affidavit to that effect
Dear Sir
As per what is inferred here you have been victim of exparte order. If it is obtained without your knowledge it can surely be contested.
If bank will file execution petiton than arrest may order to secure amount. And late payment will cost you 13% interest on ordered amount per annum. Better get stay on order else after a years, payable amount will be 1.5 lacs more.
1. They can not send you to jail.
2. They can not attach your monthly salary.
3. Since you did not get any notice in the said O.A. filed before the DRT, you can file an application before the the P.O. for reviewing his order which was passed ex-parte when you did not receive any notice.
4. You shall have to file the review petition within one month from the date of receiving the information that an order has been passed against you issuing recovery certificate by the P.O. when you did not get the notice to contest the case.
1. Consequence of the said order will be that all your available properties will be attached and sold by the Recovery Officer to recover the outstanding amount for the ICICI Bank.
2. Your CIBIL score will be spoiled for good.
3. There will be no arrest of yourself.
Since the DRT order has been issued without you being hard in the court and the case has been presented by the ICICI you have the right to appeal against the judgement of drt in High Court since you do not possess any property to be sold after recovery outstanding amount and you are liable to pay interest till the date of realisation as allowed by it @ 13.5% you have to to pray to the High Court to provide some relief as you have only one income which is your salary and the entire amount can only be adjusted against your salary after leaving certain amount for your Living also it is the discretion of the court to waive off some interest amount or interest amount and any penalty levied in the amount
No, need to worry here you can request DRT to get EMI format as you don't have the money and kindly free from interest and can pay only principal amount.
A. They can get an order for sending you to jail from DRT and they can obtain an order from the court that the defaulter is earning a fixed income of say xyz amount which need to be attached in order to clear his dues.
`1. You can ask the collection agents to not to visit your office or call you for collection of the amount due to them.
Since they have an order issued by court, they can follow due procedures of law for recovery.
They should not disturb you by adopting such illegal steps.
you can even issue a legal notice to the bank about this and instruct them to refrain from indulging in such illegal activities. instead to follow due process of law.
If the threat persists you can give a complaint to the concerned police and ask them to take legal action as per law in this regard.
2. Let them follow due process of law for recovery, they cannot seize your salary or any other property without court order passed in an execution petition.
There is no mention in the order that whether you have been set exparte and an exparte order was issued against you, hence there is a misrepresentation from bank side for having served the copy of the notice to you and they might have made someone to appear on your behalf before DRT then, hence this order.
However you may go through the previous post of the same thread in which I have suggested the steps to be taken on this, which you may follow or consultant advocate and proceed on the advise received.
1. Yes you can be jailed but only after filing of execution petition.
2. Court can order attachment of your salary till the dues are not cleared.
