Legal Question in Banking Law in India

"" I Maria Bridgit Dsouza have taken the loan in Feb 2009 in Ing Vysya bank amounted approximately 2 lakhs. I was unable to pay the loan as I lost my job in Dec 2009 so I took time for 3 to 4 months from the bank to start paying the emi's for the loan later. I started paying the loan as soon as I started earning. Not only paying the emi's but plus some extra amount is also being paid from my end as I had interest in repaying the loan. Last year i.e in 2010 September I lost my parents and due to certain family problems was unable to repay the emi's. I was not in station and was unable to contact the bank on the same and inform them. I was married in short time by my relatives as I had no parents. Now me and my husband have been badly injured and admitted for the treatment in Madurai as we had an accident and I also had a Caesarean as i had a threat of loosing the baby because of the accident. The doctors have requested both of us to be in bed rest for at-least 6months. So both of us will not be able to remit to work at-least for another 6 months. I requested customer care by emailing to cfcare@ingvysyabank to give me at-least 10 to 12 months time to close the loan as I got a call from a landline to a landline number which was used by my in laws and which is in my husband's name and they have threatened of arrest warrant being issued on my name which is truly created a big issue of me being divorced from my husband and so on. As a female and being a new mom and above being injured I am suffering both mentally and physically. I received the reply from them stating

" Dear Customer,

We have referred your mail to our collections department and request you to approach our collections department only.

Regards,

Anitha. "

I have also emailed the nodal officer of the bank also on the same and waiting for the response what should be my next step?""

For this I got a response stating

"You can request the bank to consider your financial as well as emotional state and i am sure the bank would consider it compassionately . Bank cannot get arrest warrant against you so relax in that scenario."

but the response from the nodal officer was

" Dear Ms.Maria Dsouza,

With reference to your below email, kindly be informed that on verification of the details of your case internally, we are unable to consider your request for any further extension of time for repayment of the loan.

This email has the concurrence of Mrs. Srividhya Shankar .

Regards

Prakash K

Manager- Customer Service"

What should be my next step of action? Kindly reply ASAP.

Thanks,

Maria


Asked on 7/21/11, 7:05 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

non payment of loan is not a reason for arrest and you may ask your lawyer to send a notice to the bank and their collection agents to not to threaten you and recover the loan by following due process of law by way of suit for recovery.

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Answered on 7/21/11, 10:30 pm


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