Business Standard

<b>BEBT COUNSELLING:</b> Vinod Kulkarni

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Business Standard

I am employed with a private firm in Bangalore. My company credits our salaries in a private bank. Last month, Rs 32,500 was debited from my account as credit card dues. I was shocked to see these charges because I do not possess any credit card. I spoke to the personnel at the bank’s helpline and was surprised with the reply that “the bank has exercised its right of lien and set off recovery of its dues”. I have sent a detailed letter to the bank 15 days back explaining that I have neither a credit card nor have received any credit card statement. However, they have not responded yet. Kindly advice.
From your query, it is clear that you have taken up the matter with the bank for charging you wrongly. And that too, without any prior information or written claim before exercising the banker’s right of lien and appropriation. As per the code of conduct, banks are supposed to reply within a period of 30 days.

 

Kindly wait for the expiry of the said period. If you do not receive any satisfactory reply and/or your account is not credited back, you may approach the banking ombudsman at Bangalore.

The complaint needs to be filed in the prescribed format and copies of all correspondence and relevant extract of your passbook have to be enclosed. The complaint has to be sent in triplicate. For the prescribed format please visit www.bankingombudsman.rbi.org.in.

The banking ombudsman scheme has been recently amended. Now, a complainant is entitled to getting compensation in case of any loss suffered due to any direct act or omissions by the bank. In case of complaints arising out of credit card issues, the ombudsman may also award compensation not exceeding Rs 1 lakh to the complainant in line with the loss of time, expenses incurred, harassment and mental anguish suffered by the complainant.

I am a self-employed person. I sell insurance policies, National Savings Certificates, etc. To meet certain family commitments, I had taken personal loans from two banks of Rs 1 lakh each. Though the two banks were charging me a flat rate of interest, I was consistent with my payments in the first six months. Thereafter, I defaulted on payments due to the illness of my mother.
When the recovery agents started calling and used abusive language, I approached both banks and requested for a one-time settlement of dues. After the settlement, I collected the post-dated cheques and cancelled the electronic payment instructions.

Last week, I received a letter from one of the bank’s lawyers stating that criminal action would be initiated against me because the electronic payments have not taken place.

First and foremost, you need to write to the bank clarifying that you have cleared all dues. You may also bring to their notice that you are not liable to pay any additional charges for stoppage of electronic payment nor you are criminally liable as there are no dues left now.

A copy of your letter should be marked to the advocate as well for his information. If you do not get a satisfactory reply, you may take up the matter with the nodal officer of the bank. The nodal officer’s name and address are available on Indian Banks’ Association’s website.

Vinod Kulkarni is the chief counsellor, Abhay Credit Counselling Services.

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First Published: Oct 01 2009 | 8:47 PM IST

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