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Anonymous

Posted 2 months ago

Dear Sir/Madam, I bought an under construction apartment and the construction has been going on for a long time. Recently, an insolvency resolution process has been initiated. Because of this IRP, my association has adviced us to fill 'Form CA- For claims by financial creditors in a class' and submit it to the Interim Resolution Professional. I need your opinion about submitting this form-ca. Can you please provide your suggestions on the following queries? 1. As my property is already registered, is it safe to submit the form-ca? 2. What are the chances of getting the claim in such cases? 3. If I submit the form-ca to interim resolution professional, and if the judgment is not in favor of our association, as per individual expectations, will my apartment registration become void? and do I have to compulsorily accept the compensation that is given to me, if any? or do I have the option to hold on my registration and the ownership of the apartment? Please provide your valuable suggestions. Thank you.

A. Dear Sir, To be in safer zone you must oblige and file necessary forms to get compensation etc.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Anonymous

Posted 2 months ago

I tooks loans over last 2 years And lost all money in online gaming .. Now don't have money to repay can I file bankruptcy .. Have 5 credit cards And 5 different loans of total valy 30lacs Please suggest what can be done

A. If you do not have the money then you can surely file an insolvency and bankruptcy suit. Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Anonymous

Posted 2 months ago

i am sanjay my father had a personal loan from a bank of 50000 rs. he died five years back. i am unemployed and my mother is handicap blind. we have very low anual income. we can hardly sustain our bread. after death of father his land which has low value. transfered to us. from last five years bank was asking from garenter. now he also died. bank has sent notice on my name. saying- come to meet us in bank or we will auction the land. i have questions. 1. can bank auction land transferred to another person, in case i transfer it to some one else? 2. can bank exempt loan amount due to low income and poor family condition after fathers death?

A. As for question 1 Yes the bank can auction the property if the same was given as collateral against the private loan taken by your father who is no more. If the property was not given as security or collateral then the bank has no rights. As for question 2 Yes. [The bank has the rights to waive off your loan]. However no bank would actually do that so they might allow you to repay the loan amount in very small installments taking into consideration your financial status. OR ELSE, they might settle the whole claim at a certain percentage payment. Say for example settle it at 20% IE. Rs. 10,000/- Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Munish kumar  Goyal
Munish kumar Goyal Experience: 6 Year(s) Ludhiana
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
ii have given a cheque for buying a land @ Rs 700 per sq ft during 2012 During 2015 he say the rate is Rs 900 per sq ft I told to give back my money and not ready for ypur option on the same day till now he is dening to give back my money i want my money with interest and what to do

A. Dear Sir, You have to get issue a legal notice and file suit for recovery of money with interest, advocate fee and expenses as they violated the conditions.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
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Anonymous

Posted 3 months ago

I have availed a loan from a bank and have been paying them regularly. I got laid of in the month of Jan butninstill paid all EMI till April,however i could not manage it for this month and I still dont have a job, i am getting threatening calls from the bank, is there anything that can be done till I dont get a job.

A. Dear Sir, You may get issue a legal notice on the basis of following judgment. ======================================================================= 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 Please call me and take legal consultancy on my mobile through the administrators of this website.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
My case is a bit complicated and need immediate help. I have 4 running personal loans from banks and NBFC's. Now I am in no position to pay off the EMI's, I tried to settle these loans but even could not pay that amount. SO is there a way to come out of this situation can I file for bankruptcy as an individual? Please help me with some options.

A. Dear Client, If you are unable to pay your debts, you can file a suit under the insolvency and bankruptcy code and get rid of such situation. Thanks.
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Sayaree  Ganguly
Sayaree Ganguly Exp: 2 Year(s) Hooghly
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
I have taken money from some known people on interest and now I'am not able to repay the money. And people started to threaten me because of which i have relocate myself, but somehow they get to know that my relatives knew that where i have relocated. And they started to threaten my relatives with the help of police as they have some resources and they are demanding me to be there. What should I do??

A. Dear Client, Relocating isn't a solution. Problems are being faced by your relatives because of your fault. Speak to your creditors and try to settle it down amicably. Thanks.
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Sayaree  Ganguly
Sayaree Ganguly Exp: 2 Year(s) Hooghly
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
I have taken a business loan from kotak mahindra bank . due to my business crushed down i can't able to repay my emi . i request my bank to reduce my emi.. Can bank reduce my emi.. Or what can i do legally to my bank

A. Dear Sir, You may approach Banking Ombudsman or Higher Officers of Bank. They have discretionary powers. Please call me and take legal consultancy on my mobile through the administrators of this website.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 3 months ago

Sir I have two schools and I m in debts now I want to take a loan against property I have lost the original deed of my property now a Pvt company named lap loan legal associates from Delhi is giving loan on very low rates they have asked me for insolvency certificate I have provided and they have asked me for power of attorney too I have made it with two clauses of mine that power of attorney will be effective only I m unable to pay the three consecutive installments. They are asking for a certificate permission to mortgage tell me will it be safe to take loan from Pvt agency.

A. Dear sir if u lost Ur original documents then no issues u should approach to the nearest registration office and made application for certified copy of documents. It is also original documents. Otherwise call me for more details please
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Rameshwar  Dadhe
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
i have a sbi credit card in kolkata and citi bank credit card past 15 years. i have taken loan on citi bank card which they offered to me. i was maintaing and making payments . But last october 2018 onwards my life has changed and i lost my job, because my father was serious and in hospital for 1 month. i lost all savings and had to bring him home as treatment was costly. now he is bed ridden on machines and i am taking care with help of my friends and family and an ngo. also medicines from govt shops at low cost. i have no source of income at present and unable to pay to my credit cards my due amount which is big amount. they have sent me lok adalat letter . i am tensed , i have no money at present and serious medical problem at home too. what can banks do if i dont go to lokk adalat ? what worst can happen to me ? will they agree to settle at 2-3% ? i am not concerned of cibil score now as i dont have money to eat also. please guide me thank you

A. Dear Sir, 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
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

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