Due to loss in business my home loan account got NPA in 2005 but was informed to me in the yr. 2009. Before that I have always requesting my bank to reschedule my loan as the loan was on 12% floating interest and the rate had gone down considerable. They denied it saying the loan is not on floating interest and when documentary proof was provided they just stopped communicating. After which in 2008 they started harassing me and verbally promised me settlement if money is deposited. The amount at the time of NPA was Rs.318000.00. after which I paid 5 Lacks. The last two payment of 2 L which was a cheque payment and 1 L which was cash was made into the account in the yr 2011. All this time bank never gave a authenticated statement on my dues balance and if asked for it they would just write it on a piece of page , sign it and hand it over to me. Finally , despite requesting for OTS never gave I to me saying OTS is not for home loan. Also inspite of making payments amounting to Rs. 5L they never revised the Notice us 13/2. Finally i had to take refuge from HC when with some of my friends advice filed a WS in HC, where i was advice to either make payment as asked by the bank or challenge their demand in the DRT. Bank submitted a statement in the court on a plain paper with any authentication, letterhead or stamped with compounded interest stating all the payments. In 2011, I filed a case in DRT and one fine day when i visited the bank , one good Managed did provide me with a statement and was surprised to see that the last 2 lakh payment has not been credited into my account and now the bank has sold the asset to ARCIL, also recovery dept is in no position to give me the where about of this amount and just deny any document. Pl. note all payment are cheque payments except the last 1Lac, which is cash
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ARCL send me a notice demanding 5.5Lac. answer send by my lawyer to them. We had send notice to them and they never answered to the notice instead send above notice.
1) bank is bound to give you credit of payment of Rs 2 lakhs made by you
2) you have duly pointed out the discrepancy in accounts and bank cannot refuse to give you credit
3) if ARCL has sent notice demanding 5.50 lakhs you have to in reply dispute the amount due and payable . Seek revised statement of account
I filed a case in DRT and one fine day when i visited the bank , one good Managed did provide me with a statement and was surprised to see that the last 2 lakh payment has not been credited into my account and now the bank has sold the asset to ARCIL, also recovery dept is in no position to give me the where about of this amount and just deny any document. Pl. note all payment are cheque payments except the last 1Lac, which is cash
Since high court advised you to get relief from DRT, you too have approached DRT, whereas you have not mentioned that What was the disposal details of DRT or whether the case is still pending with DRT.
You compile the evidences in your possession and produce the same before DRT and ask for a direction to the bank to produce the statement of all payments made by you, to calculate the outstanding loan and interests as on the dates of payments made and to inform you the balance amount to be paid as on this date and also to handover possession of the property if they have taken symbolic or physical possession already. You can file a petition for expeditious disposal also in case there is an inordinate delay and dragging or dilatory tactics adopted by bank.
ARCL send me a notice demanding 5.5Lac. answer send by my lawyer to them. We had send notice to them and they never answered to the notice instead send above notice.
You may implead the ARCL as a party to the suit before DRT in this regard and seek relief against their demand made without honoring your previous payments.
You should avail your remedies before the civil court by filing a suit for recovery. The DRT cannot order the bank to credit the amount to you.
