Our Reply
Dated 05.11.2012
Branch Manager
State Bank of India
Raila, Distt. Bhilwara
This
is with reference to your TWO letters-cum-notice dated 19.10.2012
issued ONE Letter vide S. No. Nil. & SECOND LETER S. No. BR/Oct/184
of the same date, WHY you have issued TWO letters for the same matter,
REASONS YOU KNOW BETTER.. The contents of the captioned letter in the
facts and circumstances of the instant case (as are evident from our
series of complaint letters on record), are self-explanatory of the
evident envy in person and apparent malafide against a bonafide
borrower, of your predecessor Branch Manager (iwokZZf?kdkjh). Your kind attention is invited to our compliant dated 31.05.2011 addressed to the Chairman, SBI followed by our letters dated 16.06.2011,
08.07.2011, 12.07.2011, 26.07.2011, 03.08.2011, 10.08.2011, 16.01.2011,
28.01.2012 & 06.02.2012 and finally to our complaint dated
06.06.2012 filed before the Banking Ombudsman for Rajasthan, Reserve
Bank of India, Jaipur. From the bare perusal of the said complaints and
follow-up communications, your good self will appreciate that we have
already suffered a lot and dragged into a situation of grave mental pain
and agony as also the financial hardship caused by a series of illegal
actions and inactions of Bank which in consonance tantamount to ‘Criminal breach of trust’, by your predecessor and his supporting superiors. It
would not be out of place here to mention that various actions and
inactions of the Bank squarely falls under the ambit of ‘unfair trade
practice’ and they would not find paralance in the Banking history of
independent India. However, before making any submission on the unlawful
endeavors to defame us by the stipulated unlawful and malafide
publication referred to in the captioned letter, we draw your kind
attention to the thoroughly erroneous contents of this conspired letter,
ironically issued under the seal and signature of this good office :-
(i) That
despite repeated request and endeavors no one from the Bank turned-up
to take charge of the endangered live stock (which was at the stage of
starvation because of the Bank’s fault),leaving the borrower with no
other option but to make distress sale, of the said livestock and incur
undue losses of very high quantum.
(ii) That
we have never received and served-upon by the Bank any notice or
intimation by any means whatsoever, pertaining to the declaration of our
account as NPA. You are requested to confirm and bring on record as to
whether Bank has initiated all actions and followed all norms of the RBI
in respect thereof.
(iii) That
till date we have not received any call in conformity with the
principles of Natural Justice for discharge of any liability standing
against us, quantifying and specifying precisely with the support of
statement of accounts, the quantum of amount payable.
(iv) That
the Bank under the influence of the conspiring and offending official
has not made any endeavors for the amicable and judicious settlement of
the issue and follow the guidelines of RBI in respect thereof.
(v) That
the Bank under the influence of the corrupt officials seems not to be
interested in the interest of the Bank either. Our letter for the want
of demand is on record.
(vi) That
the Bank under the guidance of it’s vengeful officials apparently
appears unfocused on it’s demand. These vindictive actions speak at
length about the illicit daring of those offensive officials. The
stipulated action we suppose would be gross violation of the law and the
principles of Natural Justice, as well.
(vii) That
no one from the bank visited and approached the borrower for the
redresses oftheir grievances and amicable settlement of the issues.
(viii) That
the borrower’s complaint to the Banking Ombudsman against the
vindictive official of the Bank, has been disposed off on the ground of
the matter being sub judice before the Debt Recovery Tribunal.
(ix) That the borrower’s complaint to Central Vigilance Commission, New Delhi against the vengeful officials
of the Bank was duly forwarded by the Hon’ble CVC New Delhi letter
dated 28.03.2012 issued vide S.No. 1205/BNK/11-169907 to the Chief
Vigilance Officer, State Bank of India for due investigation and report.
That complaint was registered as correspondenceno.2539/2012/Vigilance
3.Thus the inquiry and investigation in the matter is pending before
CVO, SBI, Mumbai.
In
the above premise, stipulation in the captioned letter pertaining to due
communication of the Bank’s demand to the borrower is all-together
erroneous and mischievous. We, therefore, appended that you would also
be made the instrument and tool of the conspiracy and malafide dare of
the offending officers to harass and defame the bonafide borrower. At
this juncture we invite your kind attention to the order dated 9thAug
2012 issued vide file no.1489/3998/2012-13 by the Hon’ble Banking
Ombudsman whereby our complaint was disposed-off on the ground that the
matter is sub-judice
since
the defendant Bank reported to have visited Debt Recovery Tribunal,
against the aggrieved borrower for the recovery of their dues. Though we
have not yet received any intimation and notice from the Bank or the
Tribunal in respect thereof. Further it is to bring to your kind
attention that we have challenged the decision dated 9th Aug
2012 of the Hon’ble Banking Ombudsman before the Hon’ble High Court of
Judicature for Rajasthan the issue is pending in the High Court.
In
the above premise it is apparent that the issue is sub-judice before the
Hon’ble Debt Recovery Tribunal (as has informed by the SBI to Banking
Ombudsman) and also the Hon’ble High Court. It these facts and
circumstances, any endeavor of malice to suo-moto publish the name etc.,
of the borrower would be unlawful and we assue you that we will not
leave any stone unturned to seek justice and refrain you from causing us
any further pain, agony and undue hardship by this criminal act of
defamation with apparent the ulterior motive. This is undoubtedly an
endeavor of revenge for the sole reason that the borrower has visited
the higher forums for the want of justice which is still awaited and
likely to meet it’s end in very near future.
We
however suggest you to make us know your precise demand, segregating the
principal and interest and the possible set-off of the amount charged
in excess from the borrower (please take reference of the earlier
communications in respect thereof).This will enable us to apply our mind
on the issue in reference and would only guide a path for a judicious
and amicable settlement of the issue. It may also be noted that the
value of land mortgaged in lieu of the loan amount is more than 10 times
the Bank’s dues. Thus bank is more secure than the aggrieved borrower.
Thus the publication of the name etc. of the borrower does not find any
logical and rational reasoning. If you are really interested in the
judicious settlement, borrower may be allowed to cause and
effect
the sale of the mortgaged land for discharging his liabilities. This
stipulated conduct of impudence and twaddle would only affect the cost
of the land in the charge of the Bank, adversely. In other-words,
logically and rationally the publication of name at this embryonic stage
of the recovery proceeding would undoubtedly be unlawful with no
benefit to the Bank. This is a crystal illustration vengeful endeavor of
power drunken officials.
The
caption letter reminds us of the incidence quoted at Para 44 of our
complaint to the Hon’ble Banking Ombudsman, RBI, Jaipur, same is
reiterated here-in-below:-
Para 44 is
That
when the Complainant paid visit to Shri. V.K Lakhani‘s office in May
2009, he along with Shri R.K. Nehra abused and threatened the
Complainant that even a complaint of their misdeeds, collusion and
corruption, to Chairman of the Bank would not bother them. They will be
safeguarded by their superiors. They are not even bothered about the
interest of their own bank, as a loss of meager amount of Rs 1.25 Cores
would least bother bank of the size of SBI. Instead the complaining
borrower would be ruined as they will do everything and anything to ruin
him, so much so he would not left in a shape and size to leave the Bank
and approach any other Bank for financial assistance. He would be
dragged to a situation which would compel him to commit suicide. They
promised to follow the Complainant till he reached the hell.
The
facts of the case are thus apparent and self-speaking. You are
requested not to fall a prey in the hands of the officials who thorough
unlawful and become a part of this unlawful conspiracy against a most
genuine and a bonafide borrower. At this juncture it would not be out of
place to mention that, in all actions of men in power, authorities,
etc. which intends to visit any person with civil consequences, rules of
natural justice will automatically come into play if there is no
specific bar against the same. The principle of natural justice comes in
to play whenever any actions of any authority results in civil
consequences. In the nutshell any action taken as stipulated in the
captioned letter, without issuing of proper and specific notice of
demand followed by the adequate opportunity to the borrower to represent
his view point, would be illegal specially when the matter pertaining
to the same demand is sub-judice and the enquiry against the misdeeds of
the Bank on the same issue is awaited.
Thanking You,
For Rosebay Organics Foods Pvt. Ltd.
(Suneel Dutt Goyal)
Director
Thanking You,
For Rosebay Organics Foods Pvt. Ltd.
(Suneel Dutt Goyal)
Director
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