• Email of invitation to conciliation as per provisions of section 62 on behalf of SBI credit cards

Hello lawyers,
I had sbi credit card dues of 1,28,000 rs in 2018 but due to some financial problem i couldn't pay it,later on after 6 months in 2019 there recovery team contact me and they gave me 2 options of either to do settlement of loan in 85000 rs or pay full amount and take cibil clean up letter,I choosed to pay full amount as i didn't want bad cibil but requested them to convert the amount into emi's,they also told me that my account is npa and the amount is freeze and there will be no charges levied to you while paying emi's.So on there words i regurlarly paid emi's of 10000 rs every month after 8 months my outstanding was 48000 rs which is also mentioned in my sbi credit statement,but then i received call from sbi recovery team that your total outstanding is 65000 rs in there system,i was shocked and on my further enquiry they said you have been charged some charges every month as per sbi new rule.But nothing was informed to me about this rules or charges neither by email,call or sms. And they didn't even mentioned any amount charged to me in my credit card statement.I asked them if i am charged any fees or fine every month then why it is not mentioned in my statement which is the only means of customer to check the statement and know about his dues.why there is differences in statement amount and sbi system amount.Do customer go and check sbi database for there outstanding?to which there was no reply with them and later they stop receiving my calls.
i felt cheated so i stop paying them and now after one year on 18th september 2020 i received an email from there advocates to come to there conciliation web online meeting on 24th september,

During the said Conciliation Proceeding, you may express your difficulties in repayment of Outstanding Dues for reaching an amicable settlement/resolution between us, which would be mutually acceptable 
with your co-operation. The concerned Officials of my client will also be present for the same.
Please note that in the event you fail to respond to this Conciliation Notice, on the expiry of Seven (7) working days from thedate of receipt of this notice, we would have peremptory instructions to initiate Civil and Criminal proceedings against you,which would be entirely at your risk, cost and consequences thereof. Please ignore this notice, if already paid..As stated by them in there notice
As stated by them in there notice.

my questions are
1)In my credit card statement till today my outstding showing 48000rs but in there notice outstding amount is 65000rs so how to proceed as i don't want settlement offered by them as i dont bad cibil but even i don't want to pay any extra charge to them

2)What are the chances of them to file court case in such pandemic time if i miss there meeting ? Due to lockdown here in mumbai i am not getting paid my salary and i will not be able pay anything immediately.So do i skip this meeting to get some more time but i also don't want to involve in court case.
Asked 3 years ago in Civil Law

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16 Answers

1) there is no harm in attending conciliation meeting 

 

2) mention reason why payment not made was on account if claim made of Rs 65000 against dues of Rs 48000 

 

3) seek time to make payment on account of failure of employer to pay your salary 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Notice is not valid and you a liable to pay as per statement.

No criminal case but only civil recovery suit which will take long time to file. 

You should reply to their notice blaming of illegal demand and offer to pay continue only 10k as was decided .

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. If their own statement states the amount due is 48k then in conciliation you can place this.  It will help you. 

2. There is little scope to file court case as for recovery of this amount their expenses would be much. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. The drastic step taken by you to stop EMI payment is not in your benefit.

You should have initiated legal action by sending a legal notice and bringing the bank to consumer court seeking justice, instead, you chose to remain silent which is a drawback on your side.

2. You can attend the online reconciliation and express your grievances and arrive at a compromise to pay whatever possible by you instead of adamantly refusing to pay them any money.

No doubt no criminal action is liable however they may file a money recovery suit through civil court 

You can decide further course of action.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

1. You can object to pay the said disputed and inflated amount. 

2. Chances are less. Only your cibil may get affected in future

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

You need to issue legal notice raising your preliminary objection for exorbitant payments demand by SBI.Let them reply your legal notice then we will advice you for the next step based on their reply of your notice.

You must send them legal notice immediately through E- mail and E- mail notice is valid and acceptable under the provisions of law and ruling of Apex Court. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. You can file a complaint before the Consumer forum on the ground of deficiency of services ,and can claim compensation as well for mental agony and harassment . 

2. As per the RBI, the bank should give proper time and offers for the settlement of loan amount.,  on the ground of health and sudden loss 

- If , the bank is not agree to give time, then don’t worry and let them to start legal action against you.

- Firstly, the bank will issue demand notice prior to take legal action from the court. You can reply the same after narrating the whole story of financing status. 

- Even, if the bank filed a case before the Court, you will have much time to repay the said loan amount and to settle the matter according to your present situation.

- If bank official/people are harassing, then you can do the following for his safeguard.

1. You can lodge a complaint at the police station for harassing & threatening , as law not permits anybody to take the law in his hand. If police refuse, then you  can approach the magistrate for the same.

2. Further , you can file an injunction case against the said bank and its recovery agents for the direction of not visiting the house or office for the recovery of dues amount of loan.

3. You can file a complaint with the RBI .

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested not to miss that meeting and put your points strongly for them. Do say that due to their acts and deeds of withholding information and thrusting unknown charges, you are aggrieved and do allege that you stopped paying after advice of one of the employees of SBI. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

This is nothing but deficiency in service for which bank is wholly responsible but first check how and on what basis amount difference is coming exactly then there is no harm if the bank wants to settle the matter because the branch manager has power to write off the unwanted amount so get yourself fully aware with the facts and then talk to the bank, otherwise if you file a court case then they will loose it.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. You should file complaint Before consumer forum against credit card company for their discripencies in statement and notice.

2. They can file case against you for recovery of money because courts have allowed new Filings. 

3. You should not skip the meeting go and put forward your points that why you stopped the  payment of EMI's. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1) Attend the proceedings & insist for closure.

2) Write a letter Or make representation to conciliation authority about the long delay & dispute of amount . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It is obvious that the recovery people have plyaed a fraud upon you and hence a criminal complaint must be filed against them.

A complaint must also be filed in the consumer forum immediately against the bank.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You can file application in court for setting aside arbitration award 

 

2) if award is upheld by court then SBI in execution proceedings can seek to attach your bank account as you don’t have any movable or immovable property 

 

3) you would not be sentenced to imprisonment in civil case 

 

4) no case is maintainable in consumer forum as award is against you . Your ready is to challenge the award passed by arbitrator

 

5) we cannot advice you the chances of winning the case as we have not perused the award passed in your case 

 

6) execution proceedings may take 2 years 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. You can challenge the award in court through appeal

2. File appeal and take stay. 

Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. The arbitrator's role is completed after passing the award.

Now the SBI will initiate action to file execution petition for recovery of the amount as per procedures of law.

2.. You can prefer an appeal before the appellate court.

3.  The state bank of India will follow due process of law for recovery.

4.  If it is proved that you do not have any means to pay the amount then they may ask for civil arrest.

 If the actual amount payable differs to that of the amount claimed by them you can very well dispute the same in the appeal.

The email reply and not attending the tribunal before the arbitrator may not come to your rescue in any manner, you should have appeared before the arbitrator and expressed your grievances and the facts in order to gt the case dismissed. 

 

The execution petition case may take from 6 months to one year to get the case disposed. 

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

At this stage, you suggested to challenge the award of the arbitrator before District Court as soon as possible and get an order of stay of his award. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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