Education loan interest subsidy under central sector scheme
3 years ago
I had obtained an education loan from Bank of India. Since my father's income is less I was eligible for education loan interest subsidy till the moratorium period under the central sector scheme for education loan interest subsidy. For obtaining that, we submitted our income certificate every year till the moratorium period as the form for central sector scheme is filled in and submitted by the bank only on behalf behalf of the customer obtaining loan from it. We inquired the bank that why we have not received the subsidy to which they replied that we did not submit the income certificate and hence the form was not filled by them. At the time when we submitted the income certificate, they didn't give us any acknowledgement for the same and now they are saying that we did not submit the certificate so formalities could not be completed and hence we will not get any interest subsidy. Bank is saying that the customer don't have any prove that he had submitted the income certificate and hence he cannot hold them responsible for the same. Now what should I do? What is my remedy? Was this any standard procedure which had to be completed by the bank only responsiby and hence I can hold them accountable? What can I do to prove that I submitted the document when I complaint to consumer forum or banking ombudsman or will it has to be proved by the bank only that I didn't submit the document? Upon whom the burden of proof lies in such cases, please help me with this.
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ADV. ANISH PALKAR (High Court)