• Loan recovery

I took a loan in 2009 from hdfc bank and pid out the amount owing to one of the collection agent which was not deposited by him. I came abroad now in US and already surrendered my Indian citizenship. Some bank agents harrasing my parents to recover the loan and get full details of myself.
Can i get in trouble now ?
Asked 8 months ago in Civil Law from Canada
Religion: None
1) claim of bank is barred by limitation . 

2) bank ought to have filed suit to recover the loan amount within period of 3 years 

3) if bank agents are harassing your parents then they can file police complaint of criminal intimidation under section 506 of IPC against said agents 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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1) there is no website which would give details of any case filed by HDFC bank against you . further details of any warrant issued would not be available online 

2) since you dont have any Indian citizenship it would be difficult for bank to trace your whereabouts . 

3) delete your facebook profile and other profiles on other social websites 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. The borrowed amount should be paid to the lender and not the collection agent unless the collection agent is able to produce an authority letter from the bank which authorizes him to collect the amount for and on behalf of the lender. The authenticity of the authority letter should be verified and an acknowledgment should be obtained from the lender once the amount is paid to the collection agent. 

2. The lender can file a suit for recovery of money against you as it is deemed, in the absence of positive evidence to be adduced by you, that no repayment of loan took place. However, it has no business to harass your parents through collection agents. Your parents should file a police complaint for criminal intimidation to the nearest police station against the bank and also agents who harass me.

3. No website will tell you this. You should engage a lawyer to find out the relevant information.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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It is your duty to paid the amount before the bank and not the collection agent.In the present situation the loan dues and claims comes under the limitation. The bank has opportunity to file civil suit to recover the loan amount within period of 3 years starting from the period last default or the termination of last payment of due installment made mention in the agreement. 

Your parents should file police complaint of criminal intimidation under section 506 of IPC against collection agents of the bank. In your case it is very difficult to serve warrant and send summons. But the bank can attach your property in India  if the bank over come the limitation 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Hello,
1) The Bank cannot take any action against you without initiating a suit for recovery against you for unpaid loan if you have any property back in India that can be attached. Therefore it is using pressure tactics, harassing your parents.

2) Your parents need to make a complaint to the police for harassment as they are not liable for your debts. They are not obligated to share information about you either.

3) Don't worry, the bank won't be able to reach you on US for the recovery of the unsecured loan that was defaulted.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) The  web site that you can get information about any look out notice or red corner notice is the local district police official web site.

2) Have no concern. The police so never take such action on your instance as the police cannot act without a court order and the bank approaching the court is almost nil.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
The loan taken in 2009 can not be recovered by the bank being time barred now. It is usual practice for Banks to employ collecting agents on commission basis who try to intimidate the borrowers for recoveries. Advise your parents not to succumb to such pressure. If need be counter them with threat of filing a criminal complaint of harassment. 
Notwithstanding above if the bank has to recover the loan, it would be a civil suit for recovery. No criminal action in law is warranted to enforce a civil liability unless you have  given some blank cheques in advance at the time of taking loan. It is not much cause of worry.
   
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
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if there is any proof to show that you have paid all amount to collection agent of HDFC bank then it shall be treated as payment to bank because there is existence of agency and according to the law of agency payment made to the agent is like it is made to the bank. 

if there is no such agency then you have to pay all amount [ sarla pandey vs state bank of India AIR 1968 SC ]. either death or renouncement of citizenship of borrower cannot discharge its liability, loan can be recovered fron the sale of borrower's property. if there is no property of borrower it cannot be recovered from the properties of his parents or other family members. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1.  How much amount you had taken as loan and did you repay the amount in cash?

2. Have you not taken any receipt for having deposited the said amount to HDFC through its collection agent?

3. If no, then you have no evidence of your said repayment which you should have collected and preserved,

4.In absence of any evidence that you have paid back the loan you had availed from HDFC, it will be proved that you still owe the Bank the said amount,

5. If you are no more an Indian Citizen then the Bank shall have to initiate action against you  through Ministry of External Affairs and approach the US Govt. for collecting back the outstanding amount,

6. However, your parents in India can lodge a police complaint against the Bank for harassing them for your act.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. If there is a legal action on you, you shall be issued notice which is expected to be served upon you at your last known address,

2. Indian law is not applicable on you directly since you are no more an Indian Citizen,

3. However, the Bank can take up the matter with USA Court through MEA of Govt. of India. 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
I took a loan in 2009 from hdfc bank and pid out the amount owing to one of the collection agent which was not deposited by him. I came abroad now in US and already surrendered my Indian citizenship. Some bank agents harrasing my parents to recover the loan and get full details of myself

If you have the repayment details paid to the collection agent and his name, you may write to the bank directly about this and as them to enquire from the agent and retrieve the same, and not to disturb your parents for this.  If they dont listen or respond to this, you may lodge a police complaint against them for their such inhuman behaviour and tortures over phone and in person. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
s there any website which can tell me, if got issues any warrants/legal action against me. Also as i do not have indian citizenship anymore, can bank come after me?

There can be no criminal action by the bank and don worry no arrest warrants can be made against you, it is civil case, they have to follow due process of law.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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