2024BankingHigh CourtLatestLegalSeptember 2024

HDFC Bank – Complaint of harassment by the borrower to the Minority Commission

On 23.7.2024, the Minorities Commission issued notice to the Managing Director of HDFC Bank for hearing on 1.8.2024 on the complaint of mental and physical harassment to borrower Respondent No.3 and his deceased father in the matter of recovery of loan.

Section 10 of the Maharashtra State Minorities Commission Act, 2004, does not provide for powers to adjudicate upon any dispute or lis or to pass any executable order much less to make an adjudication on legality and validity of debt recovery or sale transaction.

HELD that the complaint is nothing but an attempt to short-circuit the procedure adopted by HDFC Bank against its borrowers and to face an action as a debtor who was jointly liable to pay Rs.14,74,51,929.35 and the recovery certificate.   When the complainant was unable to taste the success in number of proceedings and to avoid that the present complaint was filed.  Therefore, the issuance of notice was beyond the jurisdiction of the Minority Commission.

Judgment dated 18.9.2024 of the Division Bench of the Bombay High Court (OS) in Writ Petition (L) No.23881 of 2024 of HDFC Bank Limited and others  Vs. State of Maharashtra and Others

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.