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Procedure to open under protest account before filing suit


26-Mar-2023 (In Recovery Law)

I want to file suit against Nationalized bank, but before that i want to open an account "under protest" and deposit entire outstanding amount. .I therefore require correct procedure to open this account. The bank has declared me as an absconding person and a willful defaulter, as i met with an accident & was bed ridden for some time, This was revealed from their own communications with their head office. This fact came out since I filed RTI applications. During my illness, the agent from bank manager use to visit me for bribing against settling of my dues. Your assistance will help me a lot.

Answers (1)

Answer #1
844 votes
Filing a suit against the bank is never a good idea. In fact, the proper forum/court for filing such a case is, itself unclear in the present legal scenario. Munsiff's courts frown at such cases, for want of jurisdiction. Some Consumer Forums do entertain cases against the bank, but others dont (like Ernakulam District Consumer Forum). It is because of the lacuna in law caused after the legislation of SARFAESI Act. Therefore, it is better to settle the dispute with the bank, at the earlier, before your debt spirals into a monster.

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