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bank threatening with 138 notice


30-Aug-2023 (In Cheque Bounce Law)
Bank took 3 blank cheques while providing me home loan. As of now, I have cancelled the allotment & asked for refund which is delayed & matter sub-judice. As per agreement refund would go to the bank & I can expect the balance money. Because of delays by the builder in processing refund. I have stopped EMI as builder would give refund ( which is delayed ) Now Bank is threatening me with all sort of legal actions, incl Sec 138 by using blank cheques taken from me earlier
Answers (5)

Answer #1
796 votes
Hi. U can tell the bank that they would receive the money from you until the builder does not give the money how will u pay the amount u can also file a case against the builder for not paying the money to you and asking u that u should get the money back fast so u could pay the bank
Answer #2
738 votes
Hello,
You should write a letter to bank , stating the you have applied for the refund and the refund amount will be credited in the bank account. since you have not taken the allotment you will make the payment when you will get the refund. and to understand the query i will need to read bank loan agreement.
For now you don't worry.

Regards
Answer #3
515 votes
Delay defeat the justice , take steps against bank before they do. Send them a legal notice ,fix a meeting with me along with all relevant documents so that I advise u best legal remedy available for u
Answer #4
697 votes
Namaste!

It's morally reprehensible for the bank to undertake such actions and their efforts may be successfully thwarted. In the given scenario this may be a case fit for even compensation provided it is approached in the right manner by approaching a suitable judicial authority having jurisdiction over the concerned matter.

I would love to assist you with the same. Please do get in touch.

Regards,
Advocate Kavita Chanan.
Answer #5
701 votes
The cheques issued to the bank are security cheques that in case you default in paying the EMI they will encash it. They have every right to file 138 complaint. However for further consultation and legal services you may consult us.

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.

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