Cheque bounce
6 months ago
Hi Sir,
I have recently applied for home loan an provided 8 cheque to tata capital housing finance and due to reason I asked them to cancel my loan ,return my cheques.
But they refused to return my 8 cheques .After this incident i have raised complaint in tata customer service and informe them dont deposit my cheques I will provide the loan cancellation fees for the same.They intentionally deposit the cheques.i there a way to get my cheques back.
A.Dear Client,
Even if your loan agreement does not allow a borrower to cancel the loan agreement on the expiry of a cooling-off period, on receipt of your intimation with regard to cancellation of the agreement and refund of cheque leaves, if the lender deposits the cheques in the Bank for its encashment, then it proves the lender mala fide intention and ulterior motives to victimize the borrower to face criminal prosecution under Sec.138 of N I Act, 1938 on dishonor of cheques by the Bank. All the NBFCs are governed by the rules and regulations of RBI, so a complaint is required to be filed against Tata Capital for such an unprofessional, unfair trade practice and unethical action under the RBI integrated Ombudsman scheme, 2021. online on the portal (https://cms.rbi.org.in). The complaint is to be made to the Ombudsman within one year after the complainant has received the reply from the concerned NBFC to the complaint or, where no reply is received, within one year and 30 days from the date of the complaint. Apart, you can file a complaint against the lender before the Consumer Court u/s.35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practice claiming compensation for harassment. Reach out to an Advocate for guidance and steps.
Even if your loan agreement does not allow a borrower to cancel the loan agreement on the expiry of a cooling-off period, on receipt of your intimation with regard to cancellation of the agreement and refund of cheque leaves, if the lender deposits the cheques in the Bank for its encashment, then it proves the lender mala fide intention and ulterior motives to victimize the borrower to face criminal prosecution under Sec.138 of N I Act, 1938 on dishonor of cheques by the Bank. All the NBFCs are governed by the rules and regulations of RBI, so a complaint is required to be filed against Tata Capital for such an unprofessional, unfair trade practice and unethical action under the RBI integrated Ombudsman scheme, 2021. online on the portal (https://cms.rbi.org.in). The complaint is to be made to the Ombudsman within one year after the complainant has received the reply from the concerned NBFC to the complaint or, where no reply is received, within one year and 30 days from the date of the complaint. Apart, you can file a complaint against the lender before the Consumer Court u/s.35 of the Consumer Protection Act, 2019 for deficiency in service and unfair trade practice claiming compensation for harassment. Reach out to an Advocate for guidance and steps.
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A.Dear
Discuss with Tata Capital: Contact Tata Capital's customer service again, explaining your situation clearly. Request them to stop depositing the cheques and inform them of your intention to cancel the loan. Try to resolve the matter through direct communication.
Check the Loan Agreement: Review the loan agreement you signed with Tata Capital. It should outline the terms and conditions for loan cancellation, including any applicable fees or penalties. Ensure that you follow the cancellation process as stipulated in the agreement.
Send a Written Request: It's advisable to send a written request for loan cancellation to Tata Capital. Include all relevant details such as your loan account number, reasons for cancellation, and any fees or penalties you are willing to pay as per the agreement.
Regards
Discuss with Tata Capital: Contact Tata Capital's customer service again, explaining your situation clearly. Request them to stop depositing the cheques and inform them of your intention to cancel the loan. Try to resolve the matter through direct communication.
Check the Loan Agreement: Review the loan agreement you signed with Tata Capital. It should outline the terms and conditions for loan cancellation, including any applicable fees or penalties. Ensure that you follow the cancellation process as stipulated in the agreement.
Send a Written Request: It's advisable to send a written request for loan cancellation to Tata Capital. Include all relevant details such as your loan account number, reasons for cancellation, and any fees or penalties you are willing to pay as per the agreement.
Regards
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