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R.SUBASH S/O. M.V.RAMAMOORTHY, 67 SOUTH STREET, KARUR 639001 Cell:97877 31302 Email: sssrdps@gmail.com Ref: : High Court Bench Judgements proceedings dated 20.02.2018 I had purchased a property from SBI on 11.12.2013. SBI auction advertisement as on 12.09.2013 This advt. told auction property was physical possession by SBI. Property auctioned on 18.10.2013 After auction SBI told Building Plan Approval copy, Survey map was missed. I had a compliant to Banking Ombudsman as on 05.12.2013 complaint No.201314006004341. After that I had received a xerox copy of Building plan approval from KARUR MUNICIPLAITY with the help of previous owner letter. SBI send a letter to me, If you not pay the balance amount within three days advance amount will be forfeited letter as on 26.11.2013 (Bid mount Rs.5,80,000 and 10% of acceptance of bid Rs. 8,71,250/- total 14,51,250/-) Xerox copy of building plan approval copy attested by Mr. Manickkam (Officer, State bank of India, KARUR.) After that I send a xerox copy of building approval and I get a loan from Karur Vysya Bank and settled the balance amount and get a SALES CERTIFICATE FROM SBI AS ON 11.12.2013. I get a Survey map from KARURMUNICIPALITY AS ON 11.02.2014. The Survey map is entirely different from this property So, I sent a complaint to BANKING OMBUDSMAN COMPLAINT No 201516006003666 dated 14.12.2015( for land recovery) but SBI still does not take any action to recover of my property and also I sent a so many complaints to RBI, STATE AND CENTRAL GOVERNMENTS but SBI did not take any action Because of this reason, I can not use the basement floor area 1625 sq.ft. because there is no sunlight and No way. The way is occupied by the next house owner with the support of SBI (AS SBI ER.VALUATION REPORT Ground Cost 1625 sq.ft. x Rs.1200 plus Building Value Rs.7,71,062.50 Total Basement floor area Cost Rs.27,21,062.50+ others occupied area 507.75 sq.ft. x 1200 = 6,09,300 Grand total cost 33,30,362.50. I sent a direction petition to MADURAI BENCH OF MADRAS HIGH COURT as on 22.04.2016 W.P(MD) No:7579 of 2016 to The Municipal Commissioner and reply from The Asst. Taluk Inspector, Taluk office , Karur told that 507.75 sq.ft. is west side owner occupied in this area also construct the building of part of the area. ( SBI told this property possession taken by SBI. Why SBI give THE WRONG NEWS IN ALL TRANSACTIONS) So many number of cases The Supreme court and high court “AS IS WHERE IS” definition is this word mentioned the meaning only the quality of LAND. The Court held that the condition "as is where as basis" does not mean that property may not be in existence at all. It only means whatever the condition of the property on the spot is same shall be sold in the same condition. However, if property is not at all in existence on the spot or is not identifiable/can be located on the spot, then neither sale deed can be executed of the non existing property nor purchaser can be handed over possession thereof.” Still SBI does not take any action for recover of my property and original building plan approval copy. Finally, I sent a writ petition No.23910 of 2016 through Mr.Govindarajan to High Court and this petition was dismissed and High Court judgements said “The petitioner is at liberty to approach the respondent bank for necessary relief”. So, I sent a Registered letter to The Authorised Officer, SBI , Karur as on 14.05.2018 but still do not take any action. High Court Judgement Sl.No. 3. clearly state that this problem solved by way of appropriate proceedings under SARFAESI ACT. On 29.05.2018 I had received the old mother documents copy from Sub Registrar Office, Karur West this documents dated 27.11.1935 and this documents said that four boundaries are correctly mentioned but the area is 25x250=6250sq.ft.­­ So, I sent a RTI letter to SBI(19.07.2018) but SBI reply is auction under AS IS WHERE IS BASIS so, we can’t take any action. SBI under RTI Reply that this problem solved through DRAT. So, Please take necessary actions for recover of my property with compensation. and register the balance area through registered office in karur, missed area includes my survey map 1519/1 for the purpose of govt. taxes paid in future . Still I am pay the EMI Rs.22,431.00 and pay the interest for other loans Rs.15,000/= per month. So, I am expecting Quick your relief actions as early as possible Other wise Please help that what is the correct procedures for solved this problem through DRAT or SBI procedures. - R.SUBASH
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A. In such circumstances i would advise you to meet a lawyer to vet the documents. On examining the documents further remedy may be suggested. It will be difficult to understand by going through your query alone as during interaction several questions may arise and get sorted out.
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Rajaganapathy  Ganesan
Rajaganapathy Ganesan Exp: 4 Year(s) Chennai
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I am not able to pay balance amount RS 135000/ so balance 3 EMI so please give me credit card latest legal advise. If I break settlement what action taken by hdfc Credit card
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A. Dear Sir, 1. Go to the Branch manager of the Bank, HDFC from where you have taken money and explain your position and ask for time.That will be the better option. Before accepting your Credit card you must have received some papers which might have included Terms and Conditions, please go through it and act accordingly. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Anonymous

Posted 7 months ago

Hello, My mother borrowed 1.5L home loan from a co-operative Bank, 10 years ago. She made irregular payments. Now the bank is asking us to pay 4L immediately otherwise they will go for eviction. Currently we are not financially stable to pay that much amount. What are my options here.
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A. Dear Sir/Madam, Please try to see the original document on which your mother borrowed the loan and its terms and conditions applicable.You will be governed by that. The other option get in touch with the Branch Manager of the bank and explain the position and try for one time settlement. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir, my uncle stood as a guarantor for a bank loan in nationalized bank and given security collateral for the loan. Borrower is my uncle relative. The borrower and bank manager joined together and made collusion in the loan transaction. Bank manager received bribe from borrower and given adhoc facility by 200% without any superior approval. Bank manager personally given more money. Borrower escaped few years back and account declared as NPA. Later the bank made a complaint in CBI and the bank manager was dismissed from his role. Few months back the CBI court given judgement and convicted both Manager and borrower for a years with huge amount as penalty. In this situation my uncle guarantee still valid? Many of my friends told that the Guarantor is not liable for colluded transaction.he must be discharged from the liability.. Please advise. There are so many judgement given in favour of guarantor for same scenario by different Indian courts. Please help. Thanks
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A. From bank's perspective, the guarantor is treated as good as the borrower. Hence, it is the responsibility of the guarantor to clear the loan. In case the said guarantor refuses to comply with the demand made by the creditor/banker, despite having sufficient means to make payment of the dues, such guarantor would also be treated as a wilful defaulter. Refer to the notification of the RBI dated September 9, 2014 and SC judgement justices BS Chauhan and Dipak Misra 2012.
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ROBERT D ROZARIO
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Sheetal Hadale

Posted 7 months ago

I ask question but wrong understand.... My question is I gave money to one of my friend by cheque he need that time he promised to give after some month but now he is not returning my money so how can legally I can make him to return my money
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A. it will be difficult to recover because as there is no written instrument. Even police won't take your complaint as FIR. But you may try your luck by filing an application under section 156(3) CrPC before the magistrate to give direction to the police to take your complaint as FIR and make an investigation.You require two witnesses in whose presence the cheque was given and the terms of its refund. If you are able to do this then there will be possibility he might refund your money. Contact a local lawyer from Vidhikarya to take up your matter.
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ROBERT D ROZARIO
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 7 months ago

I have given money one of person by cheque by he is not giving return to me
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A. is there any written instrument (agreement) stating the terms and conditions for which it was given. If not forget about it and carry on with your work. You won't be able to recover unless he is an honest man
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ROBERT D ROZARIO
ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
I would like to inform you that I opened the RD(recurring deposit) account with Sahara credit cooperative society in October'2013. I paid all RD premiums on time of 1000 per month. Maturity period was 60 months. So my RD matured in October'18. After maturity I discussed with Sahara branch for paid my complete maturity amount. That amount is 76400 rs. But RM of that branch is denying for payment. And he told that SEBI has banned on all payments of Sahara. So I can not give you any amount of maturity. Then I contacted with SEBI for this. But SEBI suggested me to contact with ROC(registrar of company). After I sent mail to ROC kanpur. But I did not receive any reply from ROC kanpur. I request to you please look in this matter. Please do needful . Branch name- Sahara credit cooperative society Pukhrayan Kanpur dehat
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A. Dear Sir, You may get issue a legal notice your problem will be solved if not approach Consumer Forum. For full procedure contact me on mobile through Vidhikarya.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Anonymous

Posted 7 months ago

Dear Sir/Madam I want to take CC Loan from a Private Bank for that require documents I have submitted to the Bank. After verification and examined those documents, Bank have issued the Sanction Letter and complete all the formalities with me. After sigh the agreement and taking the PF from me. Now they are saying facility was not disbursed due to collateral property offered was not having clear legal tittle. Suggest me what i shall do now.
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A. Dear Client, There are few options before you.You may choose one or more depends on how badly you need the money. 1. Talk to the Bank Manager, Find out the problem, sort it out. 2.If you feel that the bank concealed some information and you have been cheated you have the right to go to the court of law provided the Bank refuse to return the money you might have paid as Service Charges. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Manjula  Shanmugasundaram
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
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Anonymous

Posted 7 months ago

Unauthorized transactions occurred in S.B. account with ATM Debit card(CARD NOT PRESENT)..Within a hour the matter was reported to the Bank.Please advise the further steps to be taken in the matter.
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A. Dear Client, Meet the Bank Officer and lodge a Complaint.Block the card for the time being. File a FIR in the near by Police Station. Police will scrutinize the CCTV to get the criminal. Then, legal action will start to recover the money. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Anonymous

Posted 8 months ago

Dear sir I have a credit card limit of 35000 I have done minimum 3000 from 2 years From 3 months not made payment , i contacted the bank for settlement, they are not bothered about my situation they are telling me to pay pay full amount . They send recovery agents for collecting dues . Please need advice to solve this problem
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A. Approach the Ombudsman or send a legal notice.
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ARPIT  BATRA
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