Team-BHP - View Single Post - Need help in going to consumer court (EDIT: Axis Bank car loan)

shatrughna · 11th October 2007, 15:28

This is terrible.
1.Good that the bank at least admitted their lapse and apologised their mistake. However, as Androdev pointed out, insist on the bank to give out the name of the agency and the person who came to your house. Ask them to communicate to the agency as well as the individual team leader about the payment having been made by you so that there is no physical problem.
2.next comes the legal part. Anyone visiting your house and issuing any kind of threat is an illegal act and you can lodge a police complaint. Just do it. They will lodge FIR in the name of unknown persons as agent of the Bank.
3. Next is the issue of August EMI- since, they didnt present a cheque, there may be no bouncing charges. However, they will impose late payment fees, penalty and service tax on the whole amount will will be in the range of approx. Rs.1200/-.
4.They may not tell you all this at this stage. You will get a shocker when you need to close the loan/ repay after all the EMIs. Its important for you to know as to what remark have they put against Aug EMI as they will use this info, when you applying for a closure letter / certifcate from them to remove hypothecation.
5.In case, they comply with your request, well and good. in case, they dont, you have a case for proceeding against them in the consumer court as well as criminal court ( in view of the recovery agent's threat- harassment case).
6. In case, you need to go to consumer court, you will need all the loan documents- copy of agreement, your bank statement- to prove sufficient balance in your account to validate your stand and also to prove that it was their fault ( not presenting the cheque) and also, date and approx.time you need to mention about the visit of the agent at your house. And to get the name of the agency/ agent you need to speak to the bank and if they dont give it, take help of police.
7. Police may try to dissuade you as these agencies sometimes have acquaintances with the local police as well. But show some perseverance and everything will fall in place.
You have all the rights to teach them a lesson and fight for your rights. Lets do it. I wish I was in Bangalore , I would have joined you.

11th October 2007, 15:28	#6 (permalink)
shatrughna BHPian Join Date: Oct 2007 Location: Mumbai,DXB Posts: 407	This is terrible. 1.Good that the bank at least admitted their lapse and apologised their mistake. However, as Androdev pointed out, insist on the bank to give out the name of the agency and the person who came to your house. Ask them to communicate to the agency as well as the individual team leader about the payment having been made by you so that there is no physical problem. 2.next comes the legal part. Anyone visiting your house and issuing any kind of threat is an illegal act and you can lodge a police complaint. Just do it. They will lodge FIR in the name of unknown persons as agent of the Bank. 3. Next is the issue of August EMI- since, they didnt present a cheque, there may be no bouncing charges. However, they will impose late payment fees, penalty and service tax on the whole amount will will be in the range of approx. Rs.1200/-. 4.They may not tell you all this at this stage. You will get a shocker when you need to close the loan/ repay after all the EMIs. Its important for you to know as to what remark have they put against Aug EMI as they will use this info, when you applying for a closure letter / certifcate from them to remove hypothecation. 5.In case, they comply with your request, well and good. in case, they dont, you have a case for proceeding against them in the consumer court as well as criminal court ( in view of the recovery agent's threat- harassment case). 6. In case, you need to go to consumer court, you will need all the loan documents- copy of agreement, your bank statement- to prove sufficient balance in your account to validate your stand and also to prove that it was their fault ( not presenting the cheque) and also, date and approx.time you need to mention about the visit of the agent at your house. And to get the name of the agency/ agent you need to speak to the bank and if they dont give it, take help of police. 7. Police may try to dissuade you as these agencies sometimes have acquaintances with the local police as well. But show some perseverance and everything will fall in place. You have all the rights to teach them a lesson and fight for your rights. Lets do it. I wish I was in Bangalore , I would have joined you.