• Fast Tracking a Case against an NBFC regarding Obstruction to Transfer the Existing Loan

I have an existing loan (against property) from an NBFC.

And, due to dissatisfaction with the lender's service, I am interested to transfer the loan to another institution. 

However, I am told by various institutions that for transferring the loan I need to have the L(ist). O(f). D(ocuments). and the Account Statement clearly mentioning the outstanding principal. 

As such, my repeated communications to the lender failed, as it maintained radio silence on the matter. 

I served a legal notice (not only due to obstruction of the loan transfer but pointing out to many other issues, too) to the lender through my lawyer nearly fifty-four (54) days ago. 

The notice, however, did not create any seeming impact on the lender, as it still not has responded. 

Upon requesting my (New Delhi-based) lawyer about fast-tracking the case, she has now been saying that I need to contact a local lawyer (I belong to Calcutta), as it would be 'expensive' for me to seek her assistance in litigating the matter in Calcutta. 

Based on the above-mentioned development, my questions are: 
A) What could be my next possible move to fast track the case (my existing lawyer never elaborated on this aspect despite numerous queries from my side)? 

And, 
B) What would be your fees (if possible to mention that here) in appearing on behalf of me, drafting any further notices/ letters etc? 
Regards. 

P.S. Please consider this case as an emergency, which requires to be addressed without any further delay.
Asked 3 years ago in Consumer Law

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9 Answers

You can file a complaint with the NBFC Ombudsman by writing on a plain paper and sending it to the concerned office of the NBFC Ombudsman by post/fax/hand delivery. One can also file it by email to the NBFC Ombudsman.

 

2)The Reserve Bank of India (RBI) has introduced a complaint management system (CMS) on its website. Through this portal you can file complaints against all financial service providers such as banksand non-banking financial companies (NBFCs), which are regulated by the central bank.

 

3)To file a complaint, you need to visit https://cms.rbi.org.in. After that, click on file a complaint link.

 

4) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
97422 Answers
7872 Consultations

If the NBFC has not responded to your request for foreclosure of loan, you can give a complaint to the Ombudsman for NBFCs, who's the appropriate authority to deal with these matters. However, if it's a business loan or a fixed rate loan, you will have to pay foreclosure charges for the outstanding loan amount

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

There are number of lawyers on this website from Kolkata 

 

2) transfer loan at the earliest 

 

3) generic text would serve the purpose 

Ajay Sethi
Advocate, Mumbai
97422 Answers
7872 Consultations

Based on the legal notice alone you can approach the Ombudsman. The intervention of the Ombudsman may make some positive changes. Definitely they will give an answer. The NBFC may not take the foreclosure charges as their service gesture. However, there's no guarantee for the same. Of course, you have the option to approach the High Court of your jurisdiction to get a favorable direction as well.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

I can take your case if I study entire facts. I can tell you reasonable fees after studying. 

Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
32806 Answers
209 Consultations

1.  If you are in Calcutta then you cannot expect your Delhi lawyer to take up this case at Calcutta. You may have to file consumer deficiency grievances redressal case at Calcutta only and not at Delhi.

2.  You are addressing this question in common to all the lawyers of this public forum.  You can contact any advocate of this forum and enquire about this through his personal contact number. 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

You have been advised to contact any advocate of your choice either from this forum or outside.  You cannot repeatedly post such questions in the public forums like these because it can be termed as solicitation. Solicitation is an offence and prohibited under the provisions of Advocates Act.

Therefore you can contact an advocate of your choice through their personal contact number and make all such enquiries privately. 

 

 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

1. You don't have any case as of now to put it to fast track. Your problem is that the NHBC is not responding to your request to transfer the loan to other lender. Personally visit the NHBC to understand the reason for the silence and if found that it s on purpose, send them another lawyer's notice informing that you shall not pay ant further EMI unless the information asked for is provided within next 15 days. If they still fail to provide the same, stop paying the EMI. All these communications shall have to be well documented/recorded since these will be used as evidence in future.

 

2. For drafting Notice, I charge Rs.5K. For filing a Suit/Application/Written Statement before DRT/Court etc., my fee is Rs.50 K and my appearance fee is Rs.5K.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1. In the instant case, you are the Consumer and the said NHBC is the Service Provider.

 

2. So, you can file a complaint case before the local District Consumer Dispute Redressal Forum or State Consumer Dispute Redressal Commission (as the case may be depending on the amount you claim) against the NHBC alleging deficiency in service and unfair business practice praying for a direction upon the NHBC to  submit the documents  you have asked for, not to charge any interest on the outstanding amount from the date you have asked them to submit the said documents to you, damage and cost.

 

3. My fees have been informed in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

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