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Drt case and civil court case
Question
My daughter’s edu.loan engg.
4yrs—2.5L/yr…10L loan amt…2013-2017
MODT plot
on moratorium period i.e.2013—14–paid 2.2L
Applied for interest subsidy 100% —bank erroneously applied for 1L instead of 10L,we are 100%eligible but due to this we got meagre amt.
Approached bank–no steps taken, approached ombudsman,instructed bank to waive entire interest subsidy,bank accepted in writing to waive total int.until june2018..so started to pay emi from June 2018inwards but they didn’t waive, instead we rec’d multiple sms stating various amt as emi overdue,scared we stopped emi pymt.After 2yrs bank rec’d entire subsidy on apr2020 and has declared NPA (this we came to know thru statement).. sarfaesi13 2 &4 issued ,we negotiated with bank for OTS but they refused,drt gave us cond.stay,the bank has filed OS in dist.court suppressing entire details such as pymt made 5Lakh to bank as per drt , they have filed 1forged dpn…this dpn wasnot produced in drt but produced in civil court..counter chance for bank is closed in drt,if fabricated dpn is proved then limitations is barred says my lawyer,shall I go for expert opinion through court,is there any merit in our case… kindly guide me
Answer ( 1 )
Your lawyer has advised you correctly. File a police complaint simultaneously on the forged DPN. Moreover, the case if barred by limitation, they would have to show reasonable cause however they wont be able to show it as they have already approached DRT for recovery where the OTS was offered. Once you have started to comply with the OTS, with the bank ombudsman order, you can also approach the consumer court as inspite of clear instructions, the same were not followed by bank leading to deficiency in service and unfair trade practice.