... Or else you may end up with a frozen bank account
... Or else you may end up with a frozen bank account
Ashok Malharrao Zoal of the Special Branch, Pune, had stood as a guarantor for a friend who had taken a loan from the Seva Vikas Bank.
When Zoal's friend defaulted on the EMIs and relocated, the bank's recovery officer Mary D'Souza ordered Zoal's salary account to be frozen.
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Show me the Money: Sanjay Dutt played a recovery agent in the movie EMI. Recovery agents have been known to harass the guarantor if the loan is not paid. |
Zoal was not even intimated of the step and found out only when he went to withdraw money.
Zoal's advocate Deepak Puranik informed MiD DAY that D'Souza had the borrower's mobile number.
"But instead of pursuing the borrower, she mechanically froze my client's salary which is illegal," he explained.
Zoal, an LLM, took the help of Puranik and argued that the act violated Section 60 of the Criminal Procedure Code.
Puranik approached Kishor Toshniwal, divisional joint registrar of co-operative societies, Pune, and filed a revision application under the MCS Act 1960.
An order was passed which stated that the bank had "not followed the procedure as per the provisions of rule number 107 of MCSu00c3u00a2u00c2u0080u00c2u00a6and section 60 of the CPC, 1908." Zoal's bank has now activated his account.
Toshniwal has called for a case hearing on April 24.
However, Zoal is not satisfied and plans to file an FIR against D'Souza and the bank. "I am not going to allow these banks to take people for a ride. I am filing an FIR and going to court with this," he said.
