LawRato

Bank filled suit without giving notice to me, what to do ?


24-Feb-2023 (In Banking / Finance Law)
There are some Points i want to mention. 1.I have taken education loan in 2013 of Rs. 2lakhs from SBI. 2.The Branch relate my education loan account with my mom account as co-borrower as she has a SBI salaried account. 3.After i secure job i have started EMI for the same. 4.Bank never inform me about any skip EMI or late EMI. 5.Now my mom need personal loan for my brother marriage but they filed a suit against my education loan account which directly impact my mom account. so her cibil score is very poor.so they refuse to grant the personal loan because of this. they never complain about any issue or no notice about it. Any suggestions are highly appreciable what i can do to deal with this situation. Thanks a ton in advance.
Answers (4)

Answer #1
587 votes
File complaint under Consumer Protection Act before District Consumer Forum citing the entire incident and alleging deficiency of services by the Bank and not following prescribed procedure of Loan Sanction.
Answer #2
916 votes
File a S.A against state Bank of India before the Debt Recovery Tribunal in which u comes. Without giving the notice, any action of the bank is illegal and void . Without giving the opportunity of hearing ,if any action taken by the bank is clearcut violation of natural justice .
Answer #3
943 votes
Hello dear,
I have studied your matter as per the information you gave, I will advise you to contact to a local lawyer for preparing reply of the Notice and if neccessary take the matter to the arbitration or to the Lok adaalat for early and just disposal of the dispute.
Answer #4
787 votes
Dear Owner, There is No exemption from the EMI default of the bank loan and its now affected the CIBIL score hence no Lending Institutions/Bank take risk of giving fresh loan , however since the amount is not high kindly ask your MOM to settle the SBI loan amount by borrowing money from other source in family so that CIBIL score is reinstated and apply for fresh loan afterwords and as soon as New loan is disbursed all the the money can be utilized for settling borrowings and other expenses of marriage.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."