Customer care services?

Question

Hi team, I am Nikki working in kolkata. Regret to say that I am facing very difficulties because of very rude and unsocial behaviour of the branch manager of bhagwatipur branch I took an education loan of around Rs 2,60000 for my BE during year 2009-2012.Now it is around 3.4 lackhs including all the interest.I am working in cognizant technology solution(IT company) since Apr 25th 2013.My salary is Rs 20410 pm.I have started repaying Rs 7000 pm from this month ie Nov 2013. I am very dissappointed to say that without any information to me or my father(guaranter) the branch manager has locked my father's account saying that you have to pay the loan first and you cannot delay anymore. Because of which my father is sufferring from a big loss and mental harrassment. Is this the right way that a reputed bank like should treat their customer. I expect to get an early response from you. I tried to reach them through their customer care number also but none of them were available. Regards, Nikki

Answer 1

Hi Nikki,

At the outset, let me clarify that this site is designed by a group of senior Banking Professionals to assist Bank Customers at large to provide guidance for resolution of any complain/query/grievance in respect of financial services. This site does not belong to any Bank or a regulator, which may please be noted.

It appears that you have not been servicing your loan regularly and the arrears have piled up.  In the situation, your bank seems to have exercised banker’s  lien on your father’s account.   

A lien is the right to retain all securities of the customer in respect of the general balance due from him (Section 171 of Indian Contract Act). Your father being guarantor for your educational loan, the loan documents executed by you and your father would have provision for marking lien on guarantor’s account also.

Lien is of two types — particular lien and general lien.

In general lien, the right of retainer is not only for the debt incurred for particular goods, but also for any general balance due. A general lien extends to general balance of accounts (by combining all accounts); extends to prior transaction; to properties/ securities which a banker has come in posse-ssion of in ordinary course 
of business viz cheques deposited for collection.

The way out for you in the above circumstances is approaching the  branch manager and  talking peace. You can make a proposal for payment of part of the arrears as a quid pro quo for removing the lien on your father’s account. Balance payment may be made as per agreed terms. Alternatively, you can get the repayment rescheduled taking into account your present income. But for taking a positive view by the bank there is no other way than talking to your bank.

In case you are not getting resolution at the branch, you can  take up the matter with the bank’s nodal officer explaining what has happened.  You may get help.

Regards

 

J R Mohandas