SARFAESI Act for recovery of Fraud amount
25-Jul-2023 (In Banking / Finance Law)
My MSME loan from cooperative bank went into NPA in 2010. Bank has inflated my CC loan amount by way of excessive rate of interest and illegal charges. In spite of our demands bank is not providing necessary information. The bank is not transparent and trying to recover illegal amount from us. The bank has given me SARFAESI 13(2) notice in the year 2015. We have replied and denied the amount due to from us. Bank has not taken any action against us, however bank is demanding the amount and only threatening us to take action against us.
Our CC account classified as NPA in 2010 ie 9 years ago.
Notice of 13(2) has been given 4 years ago.
My Questions: (1) Why Bank is not taking actions against us?
(2) Is the notice served in the year 2015 still valid?
(3) Is action under SARFASI act valid after 9 years from the classification of NPA account, although the objective of the SARFAESI act is for speedy recovery of Bank dues?
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