• Regarding one-time settlement of loan with State Bank of India

I am 73 years old, residing in Kollam. This is regarding my loan account with the State Bank of India, for which I availed a loan of INR 35,00,000 at an interest rate of 12.70% on May 15, 2015.
 
I have been diligent in making the loan repayments, especially while I was still in employment in Gulf. Following my retirement in the mid of 2016 and the impact of the COVID-19 pandemic during 2020-2022, I faced significant challenges that hindered my ability to make regular payments. Despite my best efforts to catch up on my dues, I have been unable to maintain the repayment schedule.
 
Additionally, I have noticed that the bank has been increasing the interest rates (rate of interest increased from 12.70% to 16% by June 2024) which has resulted in the escalation of my Equated Monthly Instalment (EMI). While I have made considerable payments towards my loan, the continuous hike in the interest rates has dramatically affected my net outstanding amount, resulting in substantial dues once again.
 
I sought the help of the SBI top management to consider waiving some interest during the 2022-2023 period. I personally met with AGM, LHO, Trviandrum and AGM, RASMEC, Kottarakkara, and explained my situation. I was informed that there was no possibility of waiving or discounting the interest unless my loan becomes a Non-Performing Asset (NPA).

Since June 2023, my wife and I have been experiencing serious health issues. The sudden decline in my wife’s health led to her immediate hospitalization at KIMS Health, Trivandrum, on June 17, 2023, which turned our lives upside down. She was diagnosed with a stroke, resulting in right hemiplegia and aphasia. She was treated and brought back home in a paralyzed state (whole right body).
 
On January 1, 2024, I fell and broke my leg, resulting in fractures of both bones in my right leg. I was treated with ORIF (Open Reduction and Internal Fixation) using bridge plating with a lateral tibial locking plate.

Since June 2023, we have been completely dependent on our children for our food and medication. Additionally, they have assisted me in repaying my loan. Overall, I have paid a total of INR 42,45,445 towards my loan as of July 2024.

Recently, I have been receiving frequent visits from bank officials, which creates considerable discomfort for us. They often speak harshly and have threatened me with severe consequences. Despite my several attempts to negotiate a full and final settlement of my loan, the accumulated interest continues to increase my liability further. I am completely confused by the intermittent changes in the interest rate since May 2015 from i.e. from 12.70% to 16%.

I have emailed my situtation to many big shots of SBI including Deputy General managers. I have requested one time settlement. No one has replied to my email so far but some of the SBI representantives often call me and threaten me of legal proceedings.

Kindly advise me a suitable way out.
Asked 3 months ago in Civil Law

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4 Answers

It appears that you have availed loan at floating rate of interest and not at fixed rate.

Therefore, as the index rises the interest rate will raise proportionately.

You can try the option to preclose the loan by arranging the money to meet outstanding loan with interest 

The bank cannot refuse to accept the closure of loan after so many years.

If the bank staffs are threatening then you can lodge a criminal complaint against them with local police for legal action.

However you cannot take legal action if the bank refuses for one time settlement, alternately you can look for take over loan for lower interest with some other bank.

T Kalaiselvan
Advocate, Vellore
87447 Answers
2348 Consultations

Have you given any security for the loan kindly clarify 

 

if you fail to repay the loan bank will seek to recover the loan amount by auctioning the secured asset 

 

3) if you are unable to repay the loan let it become NPA 

 

4) if you don’t have the means to repay bank would not be able to recover the loan amount with interest 

 

Ajay Sethi
Advocate, Mumbai
97246 Answers
7854 Consultations

Dear Client,

Considering the health and age-related condition and financial condition of your case, it would be a better option to approach the SBI bank for a one-time settlement. According to Indian banking law and RBI guidelines, when the account becomes an NPA on grounds of genuine reasons when the borrowing is not repaid, the bank may provide the option of OTS. However, since your account has not been classified yet as NPA, this might be the reason your plea for the settlement was rejected in the first place. First, you have to ask the bank to restructure the loan considering your health and financial conditions. You can reach the grievance redressal cell of the bank, and lodge a written complaint with the bank regarding how the interest rates on your account are being increased arbitrarily, how your health issues have aggravated, and how things are going financially in the current situation. Also, you must mention to them the amount that has already been paid, which is INR 42,45,445 and make them understand that it is not possible to continue the repayments. If the officials at the bank are persisting with harassment, then report this to the Banking Ombudsman, Reserve Bank of India. The Ombudsman takes complaints on issues related to banking services, including harassment by officers and failure to process your requests appropriately. Other than that, you can even go to court to inform the bank officials of mental harassment and even threats of a lawsuit without first considering good possible solutions.

I hope this explanation resolves your doubts effectively. If you still have any further queries regarding this matter, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
10289 Answers
121 Consultations

- As per the RBI, the bank should give proper time and offers for the settlement of loan amount.,  on the ground of health and sudden loss 

- If, the bank is not agreed to give time, then don’t worry and let them to start legal action against you.

- Firstly, the bank will issue demand notice prior to take legal action from the court. You can reply the same after narrating the whole story of medical expenditures and losses. .

- Even, if the bank filed a case before the Court, you will have much time to repay the said loan amount and to settle the matter according his present situation.

- If bank official/people are harassing, then you can file a complaint against them before the police and higher official as they cannot harass a defaulter to recover the loan amount. 

- Further, you can file a complaint with the RBI against the bank for not responding your letter. 

Mohammed Shahzad
Advocate, Delhi
14647 Answers
224 Consultations

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