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Loan default and Rights of a borrower

A secured loan is a type of loan backed by security in terms of collateral. Default is the failure to repay this loan, including the amount of interest levied upon it. A default occurs when the borrower is unable to make timely payments, misses or stops making payments under any circumstances. In case of default […]

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Vibhu Bhakru v Standard Chartered Bank

Facts of the case: The complainant, Vibhu Bhakru, had taken a credit card from the Opposite Party, Standard Chartered Bank in 1999 and had been very regular and prompt at payments. On 24.02.2004 an invoice was sent to the complainant demanding payment of Rs.750/- charged on account of renewal. The complainant requested redemption on the […]

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Case Analysis-Tapan Bose v ICICI Bank

Facts of the case: Complainant, Tapan Bose, had taken a loan of Rs. 3,40,749/- to purchase Maruti Swift, from the opposite party, ICICI Bank. The opposite party had already taken post-dated cheques, so the monthly installments were paid on time. A few installments had been collected through ECS and cash as well. After 3 different […]

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Case Study: Cholamandalam Investments v Suresh Kumar

Facts of the case: Complainant, Suresh Kumar, had taken loans of Rs.8,50,000/- and Rs.4,85,000/- from the Opposite Party for purchasing trucks to earn a livelihood through self-employment. Despite regular payments of the monthly installments, the complainant claimed that the opposite party had employed hooligans for forcible repossession of the truck that was delivering perishable goods. […]

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Case Study:Sh. Bhupinder Sondhi v Abn Amro Bank

Sh. Bhupinder Sondhi v Abn Amro Bank Facts of the case: The plaintiff, Sh. Bhupinder Sondhi, had approached the defendant bank seeking financial support to buy motorcar Santro in the February of 1999. A loan of Rs.2,54,000/- was allowed to the plaintiff. The market price of the said car as of 08.02.1999 had been Rs.3,08,504/- […]

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Ishrat Noor v ICICI Bank Ltd.

Facts of the case: The plaintiff was engaged in the business of printing and desired to purchase a commercial vehicle under hypothecation from the bank. Plaintiff had furnished relevant document in order to get a loan for the vehicle (Tavera) which was worth Rs.7,68,000/- The defendant asked the plaintiff for a payment of Rs.40,000/- which […]

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ICICI Bank v Shanti Devi Sharma & Ors.

Facts of the case: The respondent, Mrs. Shanti Devi Sharma, alleged that on 29.11.2005, two recovery agents (referred to as ‘goons’) forcibly entered her son’s bedroom and harassed him to pay the loans that were due on his vehicle (two-wheeler) and personal loan. She further stated that these ‘goons’ had repossessed the vehicle in the […]

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Case Analysis-Harinder Singh V IndusInd Bank Ltd. And Ors.  

Facts of the case: The petitioner, Harinder Singh borrowed a loan of Rs.19,17,997/- from IndusInd Bank (Respondent) to purchase  one Tip-Trailer from Ashok Leyland. The loan amount was to be repaid in 60 equal monthly installments (EMI’s) of Rs.45,700 each from June, 2016. The Bank had called for an arbitration proceeding in November, 2017. There […]

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