LEGAL NOTICE
Dated: 05.10.2020
To,
1. The Branch Manager,
HDFC Bank official
Collection Department,
Corporate office
2. Nisha Balotiya
HDFC Bank Official
Collection Department,
Corporate office,
Commonly at:
23-28, Majestic Tower,
Upper Ground Floor
Vikas Puri
New Delhi-110018
3. The Branch Manager,
HDFC Bank,
Noida Sector-16
Uttar Pradesh
Dear Sir,
Sub: Legal Notice against you, the captioned noticee’s for
extortion, defamation, damages, threatening, criminal
breach of trust, Criminal Intimidation, Criminal
Conspiracy, Forgery, mental agony and harassment
against my client
UNDER the instructions from and on behalf of Mr Anand
Singh (herein after referred as “my client”) son of Late Shri.
Janardan Singh R/O Flat no. D- 2728, 12th Avenue, Gaur
City-2, Noida Extension 201309. I do hereby serve upon you,
the noticee no.1 & 2 with the following legal notice:-
That my client has availed a facility of Personal Loan and
Auto Loan from your bank (hereinafter referred as “the
noticee”) as a customer and he has a good relationship with
your bank as a customer and has been regularly paying the
due instalments at the accurate time and day.
Pursuant to this, two personal loan facilities were availed by
my client one for the amount of Rs 3,80,000/- dated:-
11.10.2018 vide agreement no.5640937 and another for Rs.
65,000/- dated:- 09.04.2019 vide agreement no.6285214.
Both the loans were sanctioned in the name of my client by
you the noticee no.1. Whereby, a monthly EMI for an
amount of Rs 10,371/- @ interest rate of 13.93% per
annum for the first one and a monthly EMI for an amount
of Rs 2,229/- @ interest rate of 14.24% per annum was fixed
for the another one.
Furthermore, the third loan i.e auto loan of Rs.3,46,590
dated:-21.06.2017 vide agreement no.48670086 was also
sanctioned in the name of my client by you the Noticee no.1.
Whereby, the current monthly EMI is for amount of
Rs.5,578/- @ interest rate of 09.01% per annum.
That my client has been diligently paying the monthly EMIs
against the aforesaid loans without causing any delay or
difficulty.”
That my client is also holding a credit card of your bank i.e
you noticee no.1. Whereby, only the due of credit payment
for the month of September 2020 were not paid by my client
due to the reason behind his control. Although, my client
has already cleared the arrears of previous monthly
instalments against the said credit card facility.
However on 26.09.2020 my client received a telephonic
message from one Mob no. 9711965884 on his personal
Mobile number, stating “ Dear Card Holder if you will not
pay your card payment within half an hour then bank will
hold your salary account or your salary on priority
minimum amount is Rs 3310/-, If already done please
ignore”
Despite of the fact, my client had already had a telephonic
discussion with your concerned bank customer service
executive whereby, my client has already sought time for
payment of his credit card dues and the same was duly
acknowledged by your concerned said bank executive.
However, you the notice no. 1 and 2 have been threatening
and harassing my client by making repeated threatening
calls and text messages on one pretext or the other for
making his due payment against such arbitrary credit card
facility.
It was extremely shocking & appalling for my client to see
such message on behalf of you the noticee no.2. In
furtherance to the same my client approached you Noticee
No.1. and concerned person vie a call from mobile No.
9711965884 to inquire about the said matter. Thereafter,
my client tried to know the name of the concerned person
who sent this message on behalf of you, the noticee No.1.
but the said person was not much of a help as refused to
utter any name pertaining to this issue and reverted in
extreme rude propensity to my client and disconnected his
call. Meanwhile, the said caller i.e you noticee no. 2 made
repeated calls to my client from the aforesaid number and
from another no. 9958195903 and my client was again
shocked by such misconduct of sending threatening
message from you, noticee no. 2.
Subsequently, On 28.09.2020 my client replied via text
message to the aforesaid mobile number and also on
another mobile number i.e 9958195903 from which another
call from the said bank official came,
Since my client called at the same number for inquiring the
matter to update you the noticee no. 2 about the
conversation with the aforesaid concerned bank officials.
However, again you notice no. 2 used immoral and filthy
language via text message with my client and also
threatened him with the dire consequences with my client
since you have been demanding monies with a modus to
defraud my client by extracting more monies than usual,
which is completely unjust on behalf of the bank official i.e
you, noticee no. 2. Consequently, my client decided to
complain for such misconduct and fraudulent action on
part of you the noticee 1 & 2
Thereafter, in pursuance to the telephonic complaint made
to your bank executive you the noticee no. 2 called my
client from your personal mobile number i.e 9958195903
and admitted that you have used immoral and filthy
language with my client and also threatened him with the
dire consequences, only after my client made a complaint to
the bank executive and when my client reverted via text
message to file a complaint against you, noticee no. 2, then
you, indefinitely started apologizing to my client for your
behaviour and falsely stated that “ kisi ney mere number
sey galti sey apko message kardiya hoga aur mein sorry
bolti hun aapko”. Somehow, my client has managed to
record the audio of your said conversation, wherein, you the
noticee no. 2 on behalf of notice no. 1 have admitted such
misconduct against my client. Thus, you, noticee no. 2
revealed your identity and represented yourself as Nisha
Balotiya working with HDFC collection department at
Corporate Office of your company i.e HDFC Bank in
Vikaspuri, at Delhi.
That you, noticee no. 2 a bank official misbehaved and used
derogatory language with my client, with a threatening
attitude. Moreover, you, the noticee no. 2 used immoral
language with my client.
It is also pertinent to mention that in the wake of Covid19
pandemic and the subsequent lockdown, the Reserve
Bank of India in March issued circular, allowing banks to
grant a moratorium to borrowers on payment of
instalments for three months. An extension of the
moratorium period was announced in May, making it a
six-month moratorium.
It is pertinent to mention that my client is also the saving
account holder of your HDFC bank at Noida, Sector-16 i.e
you, noticee no. 3. Infact, my client has entrusted you and
has availed multiple financial services facilities from your
bank.
Thereafter, On 28.09.2020 my client was again shocked by
your marathon run of misconduct and extended torture
when you, noticee no. 3 imposed heavy penalty against my
client and also with held my client saving account bearing
no. 50100147071586. It is pertinent to mention that my
client being a saving account holder of your bank and still
you, noticee no. 3 defrauded him and have withheld his
salary account without any authority and put my client
saving account into a negative balance account. Since, the
said account has no concern with my client credit card
payment facility as there were no over draft facility or any
sort of services pertaining to the said saving account was
ever availed by my client. Thus, you have cheated my client
with criminal breach of trust who had entrusted you for
availing such financial services from you. Nevertheless, you
have targeted my client purposely to achieve your ulterior
motive by making him your pawn to earn mense profit by
imposing heavy penalty and by withholding his saving salary
account.
That you noticee no. 2 has no concern whatsoever with my
client and you have no authority under the law to approach
in such a threatening attitude upon my client. It is pertinent
to mention that Financial recovery ordinance 2001 has
provided a procedure and manners to take action against
customer of any bank if he committed any default, but here
no such default has been made by my client whatsoever and
therefore such action of your officials does not cover any
provisions and procedures provided in said act, which is
against the law and misuse of her official capacity.
That my client has been duly paying the amount to you
sincerely without any default and further has been duly
following the banking norms laid down by the Reserve Bank
of the India. However, he was shocked to witness such
demand made by your bank official in such a compelling
way without any authority thus causing him grave mental
agony and harassment from you, the noticee with
connivance of your bank official.
Despite the aforesaid fact, you the noticee no 1 with
connivance of notice no. 2 & 3 cannot hold the saving salary
account for his delayed payment of credit card bills and such
meager amount of default for amount of Rs 3310/-, you the
noticee’s cannot do such a thing by using such arm twisting
tactics against my client. Moreover, you have already imposed
a heavy penalty upon my client for the reason best known to
you, the noticee’s. Therefore, the question of attaching or
holding the salary account of my client is illegal and neither
the question of sending such threatening calls and text
message to my client should have come to the picture at the
first place. Therefore, by doing such action you are not just
financially incapacitating my client but also you have been
causing grave mental harassment and agony upon my client.
My client is a respectable person with good learning and
character as a person holding an honourable position. Hence,
you have been using such arm twisting tactics to mentally
harass my client, who has been duly paying his monthly
instalments without creating any hindrance. Therefore, such
impersonation for withholding of the salary account is illegal
thus shows the illicit tactics applied by you, the noticee no. 1
with connivance of noticee no. 2 and noticee no. 3.
That the behaviour and act of you, the noticee’s have badly
damaged and harmed the reputation and has caused mental
torture and agony to my client, against which my client has a
right to initiate the proceedings under the Defamation
Ordinance 2002, Criminal Procedure Code as well as the
right to initiate civil proceedings against you the captioned
noticee and my client has also right to bring the said act of
your office in the knowledge of your higher officers of the
Bank.
This demonstrate defamatory behaviour of your bank official
towards my client, We being his attorney ask you to see to it
that the order of cease and desist of slander should be put
into action immediately. Further, along with said bank
officials have committed the abovementioned acts thus you
have committed the offence of committing the said offence in
furtherance of your Defamatory behavior, hence committed
an offence punishable U/s 500 of Indian Penal Code
It is abundantly clear that you, the aforesaid noticee’s
have mischievously combined & collided together and
started demanding extended rate of interest without a
single iota to deceitfully extract monies from him. By
providing these illegal services for your own benefits and
unlawful gains with malafide motives.
That as you the noticee’s have deceitfully cheated my client
by offering such vague credit card facility so that you could
use your ulta vires powers to extract extended rate of
interest against the aforesaid credit card facility and thus
to incapacitate him by imposing whatever consideration, as
per your convenience.
Now it is apparently/absolutely clear you, the noticee no. 1
along with noticee no. 2 & 3 to achieve your Fraudulent
action by holding my client salary account and also
compelled him, by charging exuberant interest & banking
charges on such credit card bills from him, who has been
efficiently and effectively paying the monthly emi’s and
credit card bills. Therefore, you have caused him enormous
mental harassment with intention to gulp down his hard
earned monies by attaching his salary account illegally.
Infact, you the noticee no. 3 has already hold his saving
account and proceeded it as a negative balance account.
That you the notice no. 1 alongwith the concerned Bank
official i.e noticee no. 2 & 3 have been defrauding my client for
their own benefit, with intention to cause financial crises to
our client and wrongful gain to yourselves. Hence, you the
addressee have committed the criminal offence of FORGERY
FOR PURPOSE OF HARMING REPUTATION U/S 469 OF
IPC and accordingly liable to be punished.
That you the noticee no. 1 alongwith said Bank officials under
false pretext had incapacitated my client by violating the
guidelines laid down by Reserve Bank of India with such forge
demand in the name of credit card payment. Thus, it clearly
expose your motive of such demand for such credit cards loan,
which our client had already paid in time. Thus, It shows the
illicit and ulterior motive for your own benefits and unlawful
gains with malafide motives, hence committed an offence
of CRIMINAL BREACH OF TRUST PUNISHABLE U/S 406 OF
IPC.
Further you, the noticee no. 1 along with notice no. 2 & 3
have criminally conspired against my client all together having
dishonest intention right from the very beginning to commit an
illegal act, and on the other hand make unlawful gains for
yourselves. It is clear that you, the notice no. 1 and the said
bank official i.e noticee no. 2 & 3 hand in the same glove,
conniving in conspiracy with each other, thus committing the
offence of PUTTING PERSON IN FEAR OF ACCUSATION OF
OFFENCE, IN ORDER TO COMMIT EXTORTION, CRIMINAL
CONSPIRACY, CRIMINAL INPERSONATION, MISCHIEF,
CRIMINAL BREACH OF TRUST, FORGERY FOR PURPOSE OF
HARMING REPUTATION, DEFAMATION, CRIMINAL
INTIMIDATION, U/S 389/406/416/420/426/469/500/503
IPC. Further you, noticee no. 1 along with the said bank
official i.e noticee no. 2 & 3 have committed the
abovementioned acts and omissions sharing upon common
intentions, thus, committed the offence of committing the said
offence in furtherance of your common intention, punishable
U/s 34-B of I.P.C.
As the cognizable criminal offence punishable u/s
389/406/416/420/426/469/500/503/ 34-B of the Indian
Penal Code has already been committed by you, the noticee
no. 1 with connivance of noticee no. 2 & 3 therefore my client
shall take appropriate legal action against you, the aforesaid
noticee’s alongwith bank officials, agents, agencies,
institutions, etc associated with you, the noticee’s.
Therefore, we call upon you through this legal Notice to pay
damages for payment Rs 1 Crore towards mental agony,
harassment due to your conduct of criminal breach of trust,
extortion, etc towards my client. Who has suffered grave mental
torture and defamation against you, the noticee’s and your
concern bank officials and also pay a compensation amount of
Rs, 25 lakhs for causing the mental agony, harassment and
tension due to your deficient and negligent service and loss of
his reputation, and pay Rs 25000/- as charges of this notice,
under intimation to us, within the period of 7 days from the
date of receipt of this legal Notice, failing of which our client
has given me clear instructions to file appropriate civil and
criminal proceedings against your bank as well as the said
officials in the competent court of law and in that event you
will be fully responsible for all costs, risks, responsibilities,
expenses and consequences thereof. Please note well.
