• Civil suit filed by the bank against education loan of my son

Education loan in the name of my son Manish Madhav for Rs.700000/- sanctioned by the Bank on 31/07/2009 for B.Tech (CSE),four year course in Amity University, Jaipur. loan disbursed by the bank semester wise and course completed but not in job at present, however, preparing for competitive examination(Govt.job). As per bank, provisionally repayment was due wef. 31/01/2014. Application submitted for reschedule the loan amount on 14/03/2015 and loan became NPA on 31/12/2015 as per bank.

I request bank through my mail ID on 22/04/2016 to reschedule the loan and shall pay on time in future but bank told that Rs.180000/- is overdue and after payment of this amount loan may be rescheduled. I told that this amount at once I can not pay.

I got legal notice by the Advocate of bank on 28/04/2016 in the name of my son (Applicant), myself (Co-applicant) and my wife (guarantor). I deposited Rs.20000/- on 04/05/2016 and requested bank through mail on same day to reschedule the loan. Sane day I also mailed to the Advocate of the bank and discussed on telephone. Advocate told that bank can reschedule the loan. Accordingly, I discussed with bank but bank did not agree.

Some how, I arranged money and deposited Rs.70000/- in June,2016 and Rs. 90000/- in July,2016 and intimated bank that account is regular now, please reschedule the loan.Again mailed to bank on 02/08/2016 and request to reschedule the loan. As per RBI guidelines, education loan can be paid within 15 years of time but I got notice from Civil Court to appear on 06/09/2016 as civil suit filed by the bank for recovery of loan outstanding.

Now, my questions are as under :-

1. In spite my repeated request for reschedule the loan, bank not responded even RBI guidelines is there. 

2. Loan became NPA on 31/12/2015 but bank not informed me and send legal notice on 28/04/2016 and overdue amount gone up. If intimated in Dec.,2015 I could pay lower overdue amount and amount may be rescheduled.

3. Should I file a petition under RTI act to know in how many cases of NPA bank has filed case, because I think that bank is harassing me intentionally.

4.At last, please advice what should I do in this situation ? My son is preparing for Govt job. Whether this case may affect adversely on my son's career/future.

Thanks & Regards,

M P Singh
Asked 1 year ago in Civil Law from Raipur, Chhattisgarh
Since suit had been filed in civil court engage a local lawyer and file detailed  reply that you are willing to repay the loan just want time to make payment 

2) file  RTI application as to why application for rescheduling of loan had been rejected contrary to RBI guidelines 

3) suit takes years to be disposed of . Bank wil settle and file consent terms with you in court 

Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

1. If the RBI has such circular then you can rely on this and file a petition for rejection of plaint in the civil court.
2. There is nothing to worry as civil suit has no effect on the career of the candidate.
3. Lodge a complaint with Banking Ombudsman on this issue.
Devajyoti Barman
Advocate, Kolkata
12562 Answers
161 Consultations

5.0 on 5.0

1. If the summons from the civil court have been received then you have to contest the case on merits unless you repay the entire loan at one go. That the bank has not honoured the directives of RBI is a ground which you can urge in your defence in the civil court.

2. An application under RTI Act will serve no purpose as regardless of what the bank has done earlier you have to contest your case on merits. 

3. Engage a lawyer to appear in the civil court on the appointed date of hearing.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. & 2. You are supposed to make the payment on the scheduled dates without any  intimation as per the agreement signed by you. Your logic that the Bank should have intimated about the NPA immediately holds no logical ground legally since you are not supposed to wait for the loan to become NPA to make payment and pay before it becomes NPA. Moreover, there is no rule that the Bank should file case immediately after the loan account becomes NPA and send the legal notice therefor,

3. You can seek the said information through RTI Route which the Bank will be bound to answer,

4. The case will not affect your son's career or future. It is a Civil Case and in the worst case the lent amount will be recovered by attaching and selling the applicant's/guarantors properties,

5. Try to repay the loan amount as soon as possible.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

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