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The secured assest for a home loan was auctioned 6 years back by the bank in 2013. It was 2nd auction. The 1st was stayed by the order of the High Court in 2012. Later, the high court ordered the auction but in accordance with PROCEDURE ESTABLISHED BY LAW. Also, the bank said the mortgaged property measured 512 sq. yds. But the High Court ordered auction of 1/4th of 512sq.yds. only. The 2nd auction was conducted within 8 days of public notice. There was no valuation of property done the 2nd time. The 1st valuation was done a year before i.e. in 2012, when the property was put to auction for the 1st time. The borrower was not allowed to bid in the auction. The auction was not challenged in the DRT because the borrower could not afford to fight another proceeding and for that, to hire another lawyer, and decided to challenge the auction- proceedings before the High Court only. Infact, the bank approached the DRT to recover residue amount of loan with huge interests and all the charges they incurred in the auction including hiring A WATCHMAN WHO WAS PAID 1 LAC!! The writ is still pending and the property auctioned 6 yrs back. Can the auction still be challenged in the pending writ proceedings only where the matter as to 1/4th of 512 sq. yds. is still pending, but the property which is the subject matter of the writ is already sold? The writ proceedings have just reached the stage of "NOTICE FOR ADMISSION." If yes, on what grounds, should they contest the writ? Does contesting a claim of your constitutional rights mean that you have no intention to pay the debt back? The borrower just wanted to settle for a lesser amount and that the time of paying back could be exceeded by the bank itself. When the bank didn't listen to them, they approached the court. Does this mean that they wanted to escape their liability? Does not contesting your remedy before the statutory body and with in reasonable time mean you are not watchful of your rights and hence, the court would not listen to you?

A. Dear Sir, You can amend the pending Writ Petition to seek necessary relief or file a new Writ petition. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

My father took a loan(cash credit)(loan against property) from a bank of around 1.15 cr. he took it on himself, myself, my brother and on my mother(loan amount is divided in 4 parts). the property is registered with the value of 1.05 cr and now since around 5 months we have not paid emi and interest as we are completely bankrupt. we spoke with bank and said you may sell the property by court proceedings and recover the amount, they said the property value as of now is around 70 lakhs(as the market is down) hence now they are blackmailing us that they will file a fraud case against us. could you please suggest how to deal with this situation? we have already shifted our home to other city now as my dad had even loans of 3-4 nbfcs on his name. how can we come out of this situation, could you please assist? as we are not in a condition to pay even a penny.

A. Dear Sir, Common sense works here. The banker must know the value and no banker get the property with low marker value as security. Their officials will be suspended. Get issue a legal notice from office and we shall take the case against them only. You will get much more amount if sold in public auction. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

I got a court notice from district court Nagpur for recovery of 291000 dues of sbi credit card. I am almost bankrupt with no movable or immovable property to dispose and settle the issue. Kindly advice what to do.

A. File and insolvency suit.

I took personal and business loans from 10 financial institutions and two credit cards. I also took money from other persons. I was unable to pay emi's and credit card bills from six months and paid four months but recently two months emi's are pending. The recovery agents are harassing for money. My business is closed on November due to loss. Daily receiving nearly 50 calls and recovery agents are coming to my home and harassing. Its like a mental torture. What can i do now?

A. ICCI Bank Limited vs. Prakash Kaur case, The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives. "We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said. The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank. It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations. The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court. According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously. Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban." "RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated. RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him." "The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed. The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma. Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle. The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues. Keep these rules in mind while facing a loan recovery agent Know the facts Banks may have an in-house collection department or they may outsource the job to a third-party collection agency. Keep in mind that no bank likes non-performing assets, or bad debts, on their balance sheet. A debt becomes bad when it’s not paid for three consecutive months. “Usually if the debt is unpaid for a month, the collection team sends reminders or calls up the customer for recovery. However, the delay in payment could just be an oversight on the borrower’s part,” said a senior banker with a private sector bank, who did not want to be named. “But when the debt becomes 90 days overdue, we initiate recovery agent visits.” This, however, depends on a bank’s policy. In case you are unable to repay on time, it’s best to tell the bank about your situation. If you have a genuine reason, the bank may be willing to work towards a solution. This also depends on the bank’s policy. “A credit card debt can be easily converted into an EMI instead of total loan outstanding amount,” said the senior banker cited above. “The bank may even restructure a loan in some cases. Of course, this also depends on your past payment record.” Handling agents Keep in mind that at times recovery agents have big targets to achieve and may also have incentives linked to the number and volume of collection. So they are a motivated lot and handling them isn’t easy. Know the rules: You, as a debtor, have certain rights. Knowing those rights will help you handle a recovery agent. Identity: You can ask the recover agents to show their identity cards issued by the bank or under the authority of the bank. Privacy: You have a right to privacy. The recovery agent cannot discuss the debt to another person. So don’t panic if he threatens to tell neighbours or co-workers about your debt. If he does so, you can file a complaint against him with the bank. Time: The recovery agent should contact you between 7am and 7pm. However, if your working hours or work shift does not permit this, you may be contacted beyond this time limit. Calls: You can choose the place and time for receiving recovery calls. You can also request them to not call you at a particular place or time. For instance, if you don’t want to receive calls at work, specify the same to the agent or the bank. Keep in mind, they will respect your request only till they feel you are not avoiding them. Decency: The recovery agent has to talk to you in a decent and civilized manner. No abusive language should be used. Also, the written communication sent by the banks should be easy to understand. Investigation: If you file a complaint against a recovery agent, the bank needs to investigate the matter. This makes recovery agents accountable for their collection practice. Inappropriate occasions: If there is a death in your family or any such event, you can tell the agent not to call you or make visits for a few days. Records: Banks document the content of conversations between customers and agents along with the time and number of calls. Banks also need to keep all copies of communications sent to customers. Disputes: If you face any dispute or differences regarding dues, seek assistance of the lender. Seeking help There could be various reasons for you not being able to pay instalments on time— medical conditions, job loss or a twin-income family becoming a single-income household. Macroeconomic factors such as high inflation or rising interest rates, too, can be the reasons. If the reason for non-payment is not temporary, it’s best is to approach credit counselling agencies and seek help. “We provide free credit counselling for those who are struggling to get out of debt,” said Narayanan Raja, chief executive, BCSBI. Debt counselling agencies such as Abhay and Disha also offer such services for free. If you are uncomfortable going to these centres, you can avail counselling over telephone which also is provided without any cost. Recourse if harassed If you think the agent is not following any of the above mentioned rules, you should file a complaint. Raja said, “If a borrower thinks he is being harassed, he should first approach the bank, and if not satisfied by its response, he should get in touch with the banking ombudsman.” Though rules have been laid down to assist borrowers, it is best to rework household budget and make provisions to accommodate the unseen change in the repayment amount. The bank can sue you on defaulting the credit card payment. It cannot amount to criminal liability as it would be considered as non payment of loan which will constitute as a civil act by nature. The Banks and Financial Institutions can lend money even without security, normally, the Banks and Financial Institutions insist for security for the repayment of loan. The fixed assets, receivables etc. can be securities acceptable to the Banks and Financial Institutions for sanctioning the loans. The loan entitlements, the procedure for sanctioning the loan, the security issues etc, are exclusively governed by the guidelines/norms issued by the Reserve Bank of India. Loan being an agreement or understanding between the Bank and the borrower, the general laws like Law of Contract, Transfer of Property Act, Specific Relief Act, Specific Performance etc., are applicable to all banking transactions depending upon the nature of transaction. When a borrower fails to repay the money to the Bank, what the Bank can do for recovering the loan is to file a civil suit earlier. in India the remedy available to lenders has been to file an ordinary money suit for recovery against the defaulting borrower for the outstanding amounts or to file a summary suit as provided for under Order 37 of Code of Civil Procedure 1908 For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

Dear Sir, I have some unsettled credit card debts in the UAE and I am currently in India.Since I have to travel out of India to SIngapore, Is there any way to check if there is a travel ban imposed on me by the UAE. Can a lawyer assist with checking with the relevant authorities?

A. U should send legal notice through lawyer before it

Hello Sir, I had quit my job 2 years ago as I had to take care of my new born.. since 2 years I managed to pay my debt every month.. now it's impossible to clear my debt.. I have been unable to pay for last 4 months.. I would now like to file for bankruptcy to get rid of constant hounding from banks. I want to start a fresh. Please advise

A. http://lawgyaan.in/faq-insolvency-bankruptcy-code-2016-ibc/ FAQ on Insolvency and Bankruptcy Code, 2016 (IBC) FAQ on Insolvency and Bankruptcy Code, 2016 (IBC) The motive behind these Frequently Asked Questions is to address the basic queries of the stakeholder (Companies, Individuals, Partnership Firms, CEO, MD, Directors, professionals, students) on the Insolvency and Bankruptcy Code, 2016. Evolution, purpose of IBC and Authorities involved: 1. What is Insolvency and Bankruptcy Code, 2016? When does it come into force? The Bankruptcy Law Reforms Committee designed a set of processes to resolve insolvency and bankruptcy and with the suggestions of various committees, professionals and general public, the Insolvency and Bankruptcy Code, 2016 (IBC) was enacted and came into force with effect from 28th May, 2016. However, the provisions on Corporate Insolvency Resolution Process under IBC have come into effect only from 1st December, 2016. 2. What’s the purpose of framing IBC? It was framed with the intention to expedite & simplify the process of Insolvency and Bankruptcy proceedings in India, ensuring fair negotiations between Debtor and Creditor by removing the asymmetry of debt and default information. 3. How the process is said to be expedited? The insolvency resolution process which would otherwise take ages to conclude, shall now be completed by the Adjudicating Authority within 180 days of making the application, unless extended for 90 more days as per the provisions of the Code 4. To whom IBC is applicable? The provisions of the IBC, 2016 are applicable to Individuals, Unlimited Partnership Firms, Limited Liability Partnerships and Companies. The provisions relating to Corporate in the Code, i.e., Limited Liability Partnerships and Companies is notified and in force w.e.f. 1st December, 2016. The provisions related to Individuals and Unlimited Partnership Firms – the Part III of IBC, 2016 is yet to be notified. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07

I have used my credit card and my dues around 4 lakhs, including interest and all charges. I want to sort out the Issue without effecting my cibil , but bank person as given option of settle or full settle or Emi option for total dues.. But the amount of dues is actually double of Principle amount. I want to reduce the interest and other charges..is there any solution for that??

A. speak with the bank officials. However if you don't want your CIBIL affected you should pay the full payment which can be either one time lump sum amount or emi option.

Hello sir i am mukesh agrawal. I took a loan from home credit of amount 120000 on may 2017, I was continue paying my emi till august 2018, But dur some financial losses i was unable to pay my EMI , now i got a legel notice and they asked to pay full amount with interest and 100 rs notice charge within 7 days. Sir the address given to them was my relative address as home credit do not serve in my city but i dont live with my relatives now and company sending all the recovery elements even recovery agents to my relative home. Even i talked to them that i will pay my loan in some time and will pay monthly.. please help me what to do. I am very depressed.

A. contact the bank officials to stop sending the recovery team from harassing your relatives. In the meantime contact a local lawyer from DRT from Vidhikarya to reply to their notice. Alternatively you may contact the bank manager to give you some time to repay the loan amount as you're going through a financial loss.

Dear Sir, I have multiple personal loans from various banks around 4.5 lakhs & credit cards over due around 1.5 lakhs. Due to some financial issues I didn't pay the dues from last 5 months. All EMI'S will be auto debited every month in the first week. Now my salary account went into minus rs.50000/-. I need a stay order & willing to send the legal notice for money lendors. Kindly suggest me the best solution to resolve the issue.

A. Dear Sir, You may get issue a legal notice asking the bank to wait for some more time otherwise ask them to file a civil suit where you will get time by way of installments. For full procedure contact me on mobile through Vidhikarya.

Dear sir, I am a salaried employee in a private organization. I have multiple personal loan debts from various banks & credit card over dues from last 4 months. My financial position is very bad & I can't clear the dues for a long time. Kindly suggest me about legal notice to get relaxation from recovery agents harassment.

A. Dear Mr. Chandra Sekhar, This is not the right cause to serve Legal Notice. Best option for you would be to meet the Branch Manager of the Bank concerned and ask for additional time and refund the money as per the calculation and well in advance of time. That would really save you from a lot of crisis. Shanti Ranjan Behera Advocate