
‘Food items and bottled water should be sold at regular prices inside multiplexes’

Case Study: Ajay Singh Chauhan took a loan from Citibank. He defaulted in making payments of some EMIs. On 27th April, 2007, the bank offered a structured repayment plan for settlement of the entire dues. As per the offer, the entire outstanding would be considered as settled on payment of Rs 40,000, provided the amount was paid by the following day and Chauhan paid the amount the same day.
On 21st May, 2008, Citibank sent a letter demanding a further payment of Rs 30,000. On being questioned, the bank said its dues could not be considered as having been settled since Chauhan had not returned a signed copy of the bank’s letter accepting its offer.
Chauhan then filed a complaint before the Jaipur District Forum alleging deficiency in services and the complaint was contested by the bank. The forum upheld the complaint and ordered a “no dues” certificate to be issued. Further, considering the bank’s conduct, Citibank was ordered to pay Rs 10 lakh, out of which Rs 1 lakh would go to Chauhan as compensation for harassment and mental agony. The remaining
Rs.9 lakh was meant for the Rajasthan State Consumer Welfare Fund. In addition, Chauhan was also awarded Rs 20,000 towards litigation costs.
The bank challenged this order before the Rajasthan State Commission but its appeal was dismissed. Citibank then filed a revision petition, contending Chauhan was a perpetual defaulter in paying EMIs.
The National Commission observed that the question of being a habitual defaulter was not relevant, as the issue was about the validity of the settlement. The commission noted there was no dispute about Chauhan having paid Rs 40,000 within the time given in the offer. The commission held Citibank’s demand for a further amount, made after more than a year, was not justified and did not behove a bank of its stature.
On 6th March, the commission held Chauhan was entitled to get a “no dues” certificate. It also considered the award of Rs 1 lakh as compensation and Rs 20,000 towards cost payable to Chauhan was justified. However, the penal compensation payable to Rajasthan State Consumer Welfare Fund was reduced to Rs 50,000/.
Conclusion: A bank cannot renege from its settlement offer when the borrower clears dues in the stipulated period.
Jehangir B Gai
ePaper, The Times of India, Bombay, April 2, 2018, Page 4:
(The author is a consumer activist and has won the Govt. of India’s National Youth Award for Consumer Protection. His email is jehangir.gai.columnist@outlook.in)
The Asiatic Society of Mumbai
takes pleasure in inviting you and your friends to
the 25th Smt. Bansari Sheth Memorial Lecture
by
Mrs. Justice Sujata Manohar
Former Judge, Supreme Court of India
and
Former Chairperson, Board of Trustees of the Society,
on
‘Access to Justice and Public Interest Litigation’
on
Thursday, 8th March, 2018, at 5.30 p.m.
in the Durbar Hall of the Society.
Mr. Justice B.N. Srikrishna
Former Judge, Supreme Court of India
and
Former Chairperson, Board of Trustees of the Society,
will preside.
Please join us for tea at 5.00 p.m.
Dr. Meena Vaishampayan Prof. Vispi Balaporia
Chairperson Hon. Secretary
Endowment Lectures Committee
THE LAW OF REGISTRATION
(As under Transfer of Property Act-1882 & Registration Act-1908)
SUBHAN BANDEADVOCATE
KADAPA
subhanbande@gmail.com
Registration Fee vs. Stamp Duty
To read the full details – Click Here
Perhaps one more idea to be Vigilant ?..
Shared By Adv. Vinod Sampat
Note under certificate of posting is now stopped.
REGISTERED LETTERS…
DO NOT SIGN THEM UNLESS YOU KNOW WHAT IS INSIDE…
PLEASE SHARE THIS WITH YOUR FAMILY AND FRIENDS
WHITE COLLAR CRIMINALS – NEW MODUS OPERANDI
IMPORTANT INFORMATION, MUST READ
REGISTERED LETTERS.. DO NOT SIGN…
From ‘Lawyers Talk: 8618’
Without Prejudice.
Dear all,
Something to ponder about when receiving registered letter.
How often do we take the trouble of opening the letter before signing the Registered AD (Acknowledgement Due) Letter acknowledgement slip?
Read to find out more…. in future be cautious.
Open letters BEFORE signing to acknowledge receipt of the Registered AD (Acknowledgement Due) Letter..!!!
Folks, the next time the postman or courier guy comes to deliver a Registered AD (Acknowledgement Due) Letter, a Certificate Of Posting Letter or Parcel, do the following:
a) Check who is it from..??
b) If you do not know the source, reject it.
If you accept it without knowing the source, the following has happened and can happen to you too…
There have been cases where lawyers have done the following:
a) Mailed empty / sealed Registered AD (Acknowledgement Due) Letter to people on behalf of their clients for some court case matter.
b) The Registered AD (Acknowledgement Due) Letter either, consisted of brochures promoting sale of new real estate or some car model or just an empty A4 size paper inside. In normal circumstances, when one receives an empty letter or junk mail, they will just tear it up and throw it away, BUT BUT, here lies the danger:
a) You signed the Registered AD (Acknowledgement Due) Letter acknowledgement card and it is returned to the law firm. That signed Registered AD (Acknowledgement Due) Letter
acknowledgement card is proof that a letter was delivered and confirms the delivery and can/will be used against you in court.
b) Same applies to the so very convenient “CERTIFICATE OF POSTING” mail. When the grace period for you to respond is over, they quietly go to court and show proof that a Registered AD (Acknowledgement Due) Letter was sent to you as a reminder and you did not bother to defend it and thus convince the court officials and get a judgement against you.
Next another Registered AD (Acknowledgement Due) Letter is sent to you asking for damages approved by the court, or just another empty envelope and you discard it once more and this time the white collar crook will go to the court quietly and seek the assistance of the court to seal/attach your property to recover the amount awarded by the court and soon the court bailiff will be at your door step to execute the order.
What happens next..?
You frantically call your relatives in disbelief and seek legal advise.
You are lost not knowing what’s happening.
Anxiety, stress, palpitation, sleepless nights cannot be compensated as this is a reality check. You engage a lawyer’s firm, spend a many thousand rupees for paper work and an appeal to the Higher court
to set aside this matter… and also spend several days in court trying to prove your innocence.
What are your rights.??
a) You have every right to reject any mail / parcel that comes from unknown sources, be it a debt collection company, law firm or some individual.
b) You have every right to ask the postman or the person delivering it to open the mail and let you see what is inside and the contents of the letter.
c) REJECT IT if you are not comfortable… or ask them to deliver to a law firm that you know.
d) If you have inadvertently signed and collected the empty Registered AD (Acknowledgement Due) Letter/mail, lodge a police report and also report to the bar council… as this will help in your case to protect you… if the matter goes to court.
Eye opener isn’t it, crime is no longer just house break-ins and snatch thefts where most of the thieves get a few hundred rupees… BUT these days, the crooks come dressed in suits, so be aware and be smart… or you will end up spending thousands of rupees, many hours spent travelling to court or to your
lawyers office, not forgetting the stress, anxiety, sleepless nights, etc. Do inform ALL your family members staff….
NOT TO SIGN ON BEHALF OF ANYONE…
let the postman leave a card,
go check at the post office,
ask the postman to open and
show you what is inside the envelope…
or lastly…
if you are not comfortable, just reject it…
BUT DON’T SIGN WITHOUT KNOWING WHAT IS INSIDE…!!
I m Vijay Goyal,my cell no.9820190536 and my add.204 Indo Saigon Ind. Estate,A.K.Road,Marol Naka,Andheri (east) Mumbai 400059,Mail add. v.goyal@akshaet.com
I booked a Hundai Creta Car with Global Gallarie wheels Pvt.Ltd.Everest Complex,A.K.Road,Andheri (e),byBooking Docket no C2016071375 on 27/07/2016
Now Global Gallarie is no more their Agent and one of other showroom at Thane is also closed and when there was no response for my Correspondence and Phone Calls,
Made Complaint to MIDC Police Station,On Line Consumer Forum by Complaint No.404665 on Aug.2017 and many other Places but no result,
At Last to Hundai Moter India Ltd.,Irrugattukottai,NH4,Sriprumbudur,Taluka Kanchipuram,Dist. Chennai,Tamilnadu 602117 and reported to Consumer Forum by 404665 no.
But for no result,
Please Advise,
With Warm Regards,
Vijay Goyal.