Legal Question in Banking Law in India

sarfaesi act 2002

whether charge of 15000/- can be collected under sarfaesi act if,action is just taken just for formalty,and overdues are deposited 2 days before and notice u/s 13(2) has been taken back


Asked on 4/01/09, 10:38 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sarfaesi act 2002

Your facts are confusing. If notice has been taken back, then in that case it will mean that the notice was served upon you and the matter was settled by you after received notice.

There does not seem to be any illegality in bank's charging the cost of notice etc.

In any case, litigation expense for challenging this charge may be more than the amount involved. You may still consider sending a registered letter to the bank demanding back the charge they have levied; and may consider filing a compliant before consumer forum if they do not accept your demand.

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Answered on 4/01/09, 5:52 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: sarfaesi act 2002

Hello.

GOOD MORNING!

Your query is quiet contradictory.

Please clear the facts.

In case of need please contact alongwith the details.

OR

Mail me in case of further query.

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Answered on 4/02/09, 2:05 am
J. Radhakrishnan independent Practice

Re: sarfaesi act 2002

No. If the amount has been paid before the issue of notice, no charges re.SARAFAESI Notice can legally be collected.

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Answered on 4/01/09, 11:02 am


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