HDFC Bank Personal Loan
Seizure of salary account funds and entire salary
- 10-04-2008
- 331
Dear All
Please find my laywer notice as follows, which has been sent to HDFC bank.
Dharmadhikari M.D.
M. Sc., LL.B.,
ADVOCATE
Sterling Nisarg - II,
Flat No. 8, Pari Company Road,
Dhayari, Pune-411041.
Date: - 04/10
NOTICE
(By Regd. A.D.)
To,
The Branch Manager,
HDFC Bank Ltd. (Recovery Department),
Retail Asset Collections,
Oswal Bandhu Saha Building,
Shankar Sheth Road,
Seven Love Chowk,
Pune-411042.
Sirs,
Under the instructions of my client, Mr. Sanjib Maity, R/at – Flat No. 502, Dafoddils, Gulmohar City, Kharadi, Pune-411014, I hereby address you the notice without prejudice to my client’s legal rights, as under:-
1) My client has taken a personal loan of Rs.2, 00, 000/-, from your Bank, in the month of December. The agreed Equated Monthly Installment (E.M.I.) payable by my client was of Rs.5, 719/- to be repaid in 48 months. Your bank loan disbursement officer had said verbally that ROI would be charged 14% P.a and he has taken signature on blank loan agreement stating that there official will fill the same, However from your bank official on januaury we came to know that ROR is 17% instaed of 14% as mentioned verbally, we had already sent you NOTICE on 05th Feb 08th April 15th May and 12th August. However, My client has repaid you Rs.25, 000/-, as on 13/09, vide repayment receipt No. 11966483 dated 14/8 and No. 11790307 dated 13/09 apart from ONE ECS which has been deducted on 5th January from my client CITIBANK ACCOUNT.
2) My client’s parents, grand father and grand mother met with a serious car accident at Bhadrak (Orissa State) on 27/12 and my client lost his parents and grand parents, due to this accident. This has caused a great irreparable loss to my client and has disturbed his peace of mind. My client was away from Pune for about 3 months, to attend all the religious functions of his deceased parents. In the process, my client was unable to repay the loan amount, as per agreed E.M.I.
3) My client has already explained this situation to your Recovery Officer, and has promised that he will be updating all the repayment upto the period of September. Inspite of this promise, it is surprising to note that you have ceased my client’s Salary Account No. 05391140014624, maintained at your bank at Kalyaninagar Branch, Pune. Not only that, but your officials have ceased my client’s September salary of Rs.21, 937/- and his account is showing debit balance of Rs.200/-.
4) My client has no any other source of income than his salary. Under such circumstances, if my client’s salary account is ceased and his total salary is forfeited towards repayment of loan, he will be unable to maintain himself and his wife. Please note that your high handed action to cease the salary account and the total salary of my client is illegal, unwarranted and against the provisions of law.
5) In view of this, my client hereby instructs you that his salary account be released and he may please be allowed to operate the account, within seven days from receipt of this notice, under confirmation to him. In case of default, my client will be constrained to initiate the legal action against you, at proper Forum, the costs and consequences of which you will have to bear and you will be responsibe for the same, which may please be noted.
6) The notice charges of this Notice of Rs.2, 000/- is to be borne by you.
Place: Pune.
Date : 04/10 (M.D. Dharmadhikari)
Advocate
Company: HDFC Bank Personal Loan
Country: India