Legal Question in Banking Law in India

Sarfaesi 2002

My Hsg Fin sent me notice under 13(2) for recall of total loan . as the circumstances were created for SARFAESI Act and the procedure for recovery was totally illegal and not as per the RBI directions,I sent the reply to higher authorities several times,there was no response.Finally I asked clarification under clause (3-A) and the authority agreed for updating and but supported the procedure and asked me to pay arrear EMI,s along with heavy legal charges which I had cleared recently and further loan is continuaing.

I want to file the suit for financial loss and mental agony.Shall I file in civil court or in DRT?


Asked on 4/02/09, 5:10 pm

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Sarfaesi 2002

File it under Sec.17 of the SARFAEASI Act before the DRT.

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Answered on 4/05/09, 12:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Sarfaesi 2002

You may consider filing a complaint with Consumer Forum claiming damages.

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Answered on 4/02/09, 10:26 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Sarfaesi 2002

HELLO.

GOOD AFTERNOON!

I would advise you to file a consumer complain in Consumer Forum of your city.

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

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Answered on 4/04/09, 3:30 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Sarfaesi 2002

In my opinion DRT

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Answered on 4/03/09, 3:11 am


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