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Can i file a case against banker for his negligence and harassment
29-Mar-2023 (In Banking / Finance Law)
Hi i took a secured loan from andhra bank in september 2016 for my restaurant i had given 50 cheques from kotak for clearance of installments now banker had failed to provide me POS machine post november 8 all payments r by card n routed to my kotak account the banker neither deposited cheques nor provided me pos machine but suddenly asking me to repay 3.26 lakhs as dues otherwise threatening me to makecmy account NPA can i file a petition in court to question the negligence of banker im not in a position to pay 3.26 lakh in one go
yes, you can. You have choice to approach either the Ombudsman or the consumer forum for deficiency in services and negligence. Since there is a risk of account being classified as NPA, you must also seek injunctive reliefs from the consumer court
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Adv. Kanti Mohan
Delhi | 25+ Answers
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there two issues in your question. Firstly if the POS was to be provided by Andhra Bank then the card settlement would happen in your Andhra Bank account. If Kotak has to provide then in Kotak Account. Secondly, if AB has failed to provide POS then you must be having a form filled requesting POS. Now if because of unavailability of POS you suffered loss explain this fact to AB, Secondly, ask them as to why they failed to deposit the cheques given by you. Even then they can now deposit the cheques as to prevent the NPA. Yes since you are not in a position to pay at a go, they should restructure the repayment. Lastly of they fail in all ways. Then its negligence for not providing POS. ( We will have to read the Terms and Condition of the bank)
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Adv. Shekhar Raj Sharma
Delhi | 100+ Answers
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Yes you can approach consumer court for non providing of services by bank despite several requests and you can claim compensation for the same.Also you can approach Banking Ombudsman for your complaint.
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Adv. Devansh Aggarwal
Delhi | 25+ Answers
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Well you can certainly file a case against the bank for deficiency of services, provided you are able to make out a case against the Bank. Further, you need to explain to me in detail the nature of the loan and the connection with the POS machine. Would be happy to review your documents to help you understand the implication thereof before you plunge into a legal action. You may also consider approaching the banking ombudsman.
Before initiating any court case, it may be wiser for you to approach the bank and arrive at an understanding including paying the due amount of Rs. 3.26 lakhs in installments. A court case will not only be costly but also be time consuming, during which the bank will keep charging you the interest. Please contact if you need further help.
Before initiating any court case, it may be wiser for you to approach the bank and arrive at an understanding including paying the due amount of Rs. 3.26 lakhs in installments. A court case will not only be costly but also be time consuming, during which the bank will keep charging you the interest. Please contact if you need further help.
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Adv. Joydeep Nath
Delhi | 100+ Answers
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