Legal Question in Banking Law in India

sir, i took two loans worth 21 lacs and6.13lacs from citifinancial in april2006 at 10% pa. for which i pay a combined emi of 32700/- per month. i was told that it is a fixed r.o.i.but nowhere in the agreement it was written as fixed or floating.then they increased the r.o.i.to 10.5%in aug.2006and citifinancial kept on increasing the roi till 2008 and it reached 14.45%that means a loan which was to end in 2018 will end on 2028.whenever i asked on phone why have you increased the roi they told me when the market is right we will decrease it but when the time for decrease came citifinancial asked me to apply for a tpo up then they will decrease the roi which i was not willing to do.i also wrote to them under RTI act for the mechanism they follow for decreasing or increasing the fixed rate of interest.earlier i was paying them their regular installments.till nov.2010as i was not in the position to pay the whole amount.secondly citifinancial has sold my loan to development credit bank for which i was never asked nor did i signed any document bought by DCB.

now when i ask them that i wish to pay full amount dcb tells me to pay around 25lacs.but according to my calculation@10% the amount comes at 18lacs.there are other descrepencies in the loan agreement the loan of 21 lacs is written as personal loan and the loan of 6.13lacs is shown as home loan. what should i do.and what are the options open to bank.under SARFAESI ACTcan the bank undertake my home without the intervention of court.and what are my rights as a consumer/owner of the property.


Asked on 3/02/11, 4:58 am

1 Answer from Attorneys

J. Radhakrishnan independent Practice

If DCB issue Sec.13(2) Notice, give a proper reply. If they follow it up with Sec.13(4) possession notice, then file application under Sec.17 of the SARFAESI Act and get stay of all proceedings. Please take the assistance of local lawyer in pursuing your remedies. Also complain to Banking Ombudsman, after issue notice to citifinancial.

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Answered on 3/02/11, 11:43 am


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