• Can I sue a bank or take them to court for harassment and false promises made on loan

I had applied for loan in axis bank and as I had travel plans I did let the employee/bank agent know about it and he promised us to finish the complete process before 10th MAR which they weren't able to do so. Now I'm losing money on my tickets and also I applied for loan to buy a property and the date on the sales deed is also coming to an end. I was harassed by the bank employee's for different document's and have been till this date. I want to sue the bank for harassment and false promises can I do that?
Asked 2 years ago in Civil Law

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9 Answers

You can file a civil suit for compensation if anything is done by you in furtherance of promise by bank to advance you loan. Anything like any payment made to bank, any expenditure incurred, any effort made, like postponement  of travel plan, cancellation of tickets etc. You are entitled to appropriate reimbursement and compensation  for mental harassment. You can also FIR a complaint in District Consumer Commission under new Consumer Protection Act, 2019 under which  proceedings are very fast.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Did Bank give in writing that loan process would be completed by x date 

 

2) if you don’t have anything in writing you may not succeed 

 

3) further Bank before sanction and disbursal of loan has to be satisfied that title of property is clear and marketable 

 

4) litigation is long drawn and expensive proposition 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

call recordings are admissible in evidence 

 

enclose transcripts of call recordings 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

If they have assured you in writing and then not given loan then you can file the same against them. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The loan will be granted after due process and observing due diligence by bank considering all the aspect before granting the loan.

The borrower cannot claim it as a right.

The bank may ask you to furnish various documents and would require you to comply with the various formalities involved in this.

You should make your programs in accordance with the status and cannot go ahead with the programs on the basis of predictions.

Predictions may fail but you cannot hold them responsible for this failure.

Therefore there are reasons to sue the bank is my opinion.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

As the loan cannot be claimed as a right and moreover the person who spoke to you over phone is the not the authority for granting the loan, you have no case against the bank 

Therefore it is better you rethink about your decision.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If they have rendered/ were rendering their banking services to you for a fee, you can may challenge their action before the consumer court. Thus, the only pre-condition to approach the Court is to see if they have already taken some consideration from you for the entire process. If they haven't charged you as single penny till now, it would not be a good idea to file a consumer complaint against them.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

- If you have already submitted documents to the official of the said bank on demand for the sanction of loan , then the bank has option to allow and to cancel the deal depend upon your profile. 

- However, if time limit was given by the bank, then the bank is under obligation to give a better service to you. 

- Hence, you can send a legal notice to the said bank to compensate the loss made to you , and to pay the compensation for harassment and mental agony. 

- If no response, then you can file a compliant before the consumer forum against the bank on the ground of deficiency of serves , and also can claim compensation as well. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear Client,

                  Yes. You can utilize these as they are admissible evidence before the court.Oral admissions as to the contents of electronic records are not relevant unless the genuineness of the electronic record produced is in question. Therefore, the first prerequisite for admission of any electronic record is its genuineness.As per the provision of IT Act, electronic record means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. 

Therefore, an audio recording comes under the ambit of electronic record and passes the first hurdle of its admissibility.Laws regarding electronic record and their admissibility are properly laid down in Section 65B of Indian Evidence Act. The contents of electronic records may be proved in accordance with the provisions of section 65B.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

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