Dear Mr. Trivedi,



This is with reference to your loan agreement no. SPL-173631 dated 30th
October 2007 and your email dated 14th March 2009 addressed to the Nodal
Officer.



We wish to mention that the penal charges are communicated to the
customer vide the loan agreement and the same is mentioned in the loan
agreement signed by you. We deny the allegation made by you that penal
charges were not communicated to you by our bank officials. We also wish
to mention that the payment receipts have been handed over to you when
the EMI dishonor payments were made by you.



We also wish to mention that prior to your email dated 14th March 2009
addressed to the customer.feedback@kotak.com
id, we have not received any swap request from you.



Please note that the swap for salaried individuals is possible only in
cases where:

The salary account has changed from the company itself or
The individual has changed the job

If the swap is due to any of the above said reasons, then you are
requested to provide the following:



3 months bank statement of the new account (the new account
has to be your current salary account only. If the account is newly
opened, then the account opening letter from the concerned bank
mentioning the account number)



3 months bank statement of the old account and closure letter
of old account.



ECS mandate duly filled & verified from your new salary
account. (Format enclosed).



6 additional cheques with not over three times EMI amount + 1
additional cheque not over Loan amount on the left side of the signature
area in favour of "Kotak Mahindra Bank loan account <Customer Name".
Please do not mention the dates on any of the cheques.



The swapping one time charge of Rs. 562/- payable in cash or
cheque.



Kindly note that in order to process your request the required documents
should reach us at least 10 days prior to your next EMI date at our
correspondence address:



Kotak Mahindra Bank

Customer Service - Personal Finance

1st Floor, Dani Main Building,

Dani Corporate Park,

158, CST road,

Kalina, Santacruz (E),

Mumbai - 400098



We wish to mention that as on date your loan account is reflecting 2
EMI's outstanding amounting to Rs. 5284/- and overdue charges
outstanding amount to Rs. 4288.52/-. We request you to kindly pay the
same at the earliest to avoid further accrual of the same. We are unable
to consider your request for the waiver of the overdue charges as the
same is payable by you as per the loan agreement signed by you.



For any clarifications, kindly contact us on our customer care nos. at
1800226022 / 66006022 or alternatively e-mail us at jaldiloans@kotak.com
<mailto:jaldiloans@kotak.com .



Regards,

Shagufta Lakhpatwala

Customer Service - Personal Finance



________________________________

From: goldy trivedi
Sent: Saturday, March 14, 2009 5:53 PM
To: Jaldiloans //Kotak /Bank; jitesh.trvd@gmail.com
Cc: Mumbai Personal Loans //Kotak /Bank; Nodalofficer //Kotak /Bank;
Customer Feedback //Kotak /Bank; admin@consumercourt.in
Subject: re-regarding loan SPL - 173631



Dear ms.

Shagufta Lakhpatwala



This is with ref your mail dated on march 14 2009. As u said u are
unable to consider my request for the waiver of the penal charges as the
same is payable by me as per the terms and conditions of the said loan
account (SPL _- 173631) , I would like to ask you how would i as a
customer knows about the fine charges and penalties unless informed by
bank executives...

Every time whenever i paid the EMI (when d cheque got bounce), i was
never informed about the penalty and fine charges , from amy of your
executives /collective agencys executives.

and I have been charged 3 percent compond interest on the top of
it(which i came to know now) ..this is really not fair and i will not
pay that charges because i was never asked to pay the same amount at the
same time when i was paying the installement to the agency persons nor
did bank send me welcome kit of my loan till now so that i would cum to
know from their..



For your kind information i would also like to tell you the names of all
executives whome i paid the EMI money after the cheque got bounce .
Neither of them informed me about the penalty charges and compound
interest things otherwise i would have made the payment at that time
only..

The collective guys are --- 1) P.ANAND - M.R.A AGENCY (DATED ON
09/01/2008) ( FINAL RECEIPT HAVENT RECEIVED YET )

2) MAHESH - M.R.A AGENCY
(DATED ON 09/08/2008) (FINAL RECEIPT HAVENT RECEIVED YET)

3) DEVID - M.R.A. AGENCY
(DATED ON 11/01/2008) (FINAL RECEIPT HAVENT RECEIVED YET)

4) ANIL - M.R.A AGENCY
(DATED ON 29/02/2008)



As you can see , I have made the payment to the above executives and
believe me no body has ever informed me about the other charges and on
the top of it its banks responsibilty to inform the customer . But in my
case nobody bothers...

Above all if you are talking about the terms and conditions then i guess
you should be knowing about the one more rule that if a customer made
the payment by cash , then the final receipt should be reached with in
one months duration but i still havent received yet ....Its been now
more than one year. Infact I have not received the receipt of any of my
payment...(its clearly mentioned on the back side of the collective
agencys receipt ).



I would rather request the bank to please dont get in to the discussions
, rules and regulations because there are lots more to say from my end
..I would honestly request you to reverse the fine charges and send me
the achknolegement for the same and close this matter instead of
waisting time in mailing ...Its been now very long time we have been
corresponding about the same matter.

I shall not pay the fine and penalty charges because neither i was
informed by your executives and nor did i get the welcome kit of my lone
so that i would know about the rules...

But I assure you that the EMI shall not bounce in future and if its
Bounce then I shall definitely pay the fine charges but not time
Time...Please excuse me...



Hope to here something positive this time..



Thanks

Ritesh Trivedi

Sr engineer

NDTV

C.C.CASE NO. 43 OF 2009

Sri Satyendra Nath Dutta

25, B.N.Road, P.O. & P.S. Uttarpara,

Dist.Hooghly.

….. Complainant

-vs-

1) The Collection Manager,

Kotak Mahindra Prime Ltd.

“APEEJAY HOUSE”

Block-C, 7th floor,

15, Park Street,

Kolkata-16.

3) Sri Balwant Singh,

Collection Head of Kotak Mahindra

Prime Ltd., “Apeejay House,

Block-C, 7th floor,

15, Park Street,



3) Sri Subrata Banerjee,

Collection Head of Kotak Mahindra Prime Ltd.

“Apeejay House,

Block C

7th floor,

15, Park Street,

Kolkata-16



Present : S.Basu, President

S.Basu, Member

Rita Roychowdhury Malakar, Member

Order no.11 Date 18.11.2009

The case is heard again.

The fact of the complainant’s case in a nutshell is as follows :

The complainant owing to his financial stringency in the year 2007 approached to Kotak Mahindra Prime Ltd. For obtaining a loan of Rs.67305/- and after completion of the process he received Rs.60719/- on 30.8.2007.



After due execution of the agreement vide no. 145532 on condition that he would have to pay Rs.3150/- per month in EMI scheme and the first instalment started on 1st October 2007 for 36 instalments. Accordingly, he paid EMI upto June 2008 continuously. Due to financial hardships he failed to pay EMI within the stipulated period for the month of July to Sept. 2008. Subsequently, he paid EMI for the month of September 2008 on 10.9.06 in connection with case no. 29936/2008 U/s 138, N.I.Act pending before the C.M.M. Bankshal Court, Kolkata . The financers to create pressure upon the petitioner /complainant served three legal notices on 20.8.08, 27.8.08. Subsequently, the financer brought Criminal cases against him for which he was arrested on or around 27.12.2008 by the Police personnel of Uttarpara P.S. U/s 138 N.I.Act issued by ACJM, Kushalgarh, Dist. Banswara, Rajasthan . He was threatened by the oPs for further harassment. The Financers then served a legal notice through S.A.Associates & Solicitors of Bangalore on 19.11.2008 claiming an amount of Rs.61703/-. Practically the OP Financer have no right to claim such an exorbitant amount against this petitioner. By filing the instant case he has prayed for a direction upon the oPs to withdraw the claim of Rs.61703/- dated on 3.1.08 and Rs.6300/- dated l9.8.08, a direction upon the OP to pay compensation of Rs.1,50,000/- for causing deficiency in service, to receive interest as per RBI Rules and guidelines, litigation cost of Rs.30,000/- and other relieves.



The OPs inspite of receipt of notices did not turn up to contest this case. Hence the case is heard exparte.



In view of the complailnant’s case the following points can be considered for proper adjudication.



(1) Whether there cause any deficiency in service on the part of the op ?

(2) Whether the complainant is entitled to get relief as prayed for ?


FINDINGS

It is the case of the complainant that he obtained loan from the Ops due to his financial stringency in the year 2007. It is also admitted fact as revealed in the complaint



in paragraph 4 that he was defaulted in making EMI payment as per stipulation. Accordingly to the complaint he was defaulted in making payment from July, August, September 2008. Subsequently, he paid EMI for the month of September on 10.9.08 in connection with a criminal case filed U/s 138 N.I.Act. But he has not stated when he paid the EMI for the month of July and August 2008. He vividly stated in the complaint that the Financer took legal action viz. by a Criminal case against the complainant u/s 138 N.I.Act. The complaint clearly transpires that he was defaulted in making payment as per stipulation. As such, several cases have been instituted against him. This shows that the OP have taken legal action against the complainant for making default of payment as per stipulation of the agreement.

In view of the above facts and circumstances we are of the opinion that there cause no deficiency in service on the part of the Ops. for taking recourse of Law against the complainant. Accordingly, the case is liable to be dismissed.



Hence ordered

That the case is dismissed exparte without any cost.



Hand over a copy of this order to the party free of cost.



The case is disposed of beyond the statutory period as the post of President remained vacant for a considerable period.

I had completed the above loan during 2007 itself.This was completely thru ECS from ICICI and had completed the loan in full

After that I did not see any mail or letter communication from you at all

Now after almost 4 years you are sending me a notice for a meagre amount of Rs 830 only thru SA Associates

What a shame? when you have not communicated to me on this for the past 4 years, how can this happen all of a sudden?

This has created un necessary harrasment to me ....you could have resolved in easier way that too poooo..... for Rs 830

Now I would expect you to resolve this amicably and send me NOC immediately as; there are NO defaults from my side.Also there are no communications from u at all so far

I will treat this mental harrasment seriously if not resolved as it is spoiling my reputataion

Thanks,
Kumaresan V
9677029921

Respected sir,

This is with reference to the Personal Loan Account no 497012 which i had with your bank from 29th december 2004.

Please note that a FULL and FINAL SETTLEMENT has been done on this account and all the dues pertaining to the full an final settlement letter had been paid long back in 24th July 2009.

An amount of Rs.5000/- was finalised in the settlement letter dated 26th MAy 2009 and as per the conditions mentioned in the letter an amount of Rs1000/- was paid on 26/5/2009, an amount of Rs.2000/- was paid on 8/6/2009 and an amount of Rs2000/- was paid on 24/7/2009.(PLease find attached the copy of the FULL AND FINAL SETTLEMENT LETTER from Kotak Mahindra Bank oertaining to Loan Account No 497012 dated 26th May 2009 and the copies of the PAYMENT RECEIPTS of Rs1000/-(ATR No.881571), 2000/- (ATR No. 881754)and Rs 2000/- (ATR No.881907)in 3 installments paid to your bank.)

It was clearly mentioned in the letter that after clearance of final payment the legal case 2166ISS108 filed against me by the bank u/s 138 of N.I. Act will be withdrawn.

Unfortunately the case is not yet withdrawn and I am being harrased by Tollygunge Police Station as arrest warrants are beng issued in a gap of every 2 months and I have to appear iin the police station and in Court to get a bail from the same.

As per information from them I have to be present in the date mentioned in Bangalore or Mumbai Court and surrender there and then get a certified copy of the case being withdrawn.

Please note that I stay with my mother alone in my house and after the demise of my father last yea it is impossible for me to levae her alone and go outside Kolkata for a single day.

I hereby plee earnestly to take appropriate action so that I can be free from this mantal harrasement and the case can be withdrawn particularly when there are no dues left in the bank with me.

As far I remember Mr. Bijoy Banerjee Collection Manager Appejay House PArk Street Branch Kolkata was looking after this case.


Waiting for your kind response in this regard.

Sanjib Dey
9231903390

Originally Posted by sanjib_dey51@yahoo.com

Respected sir,

This is with reference to the Personal Loan Account no 497012 which i had with your bank from 29th december 2004.

Please note that a FULL and FINAL SETTLEMENT has been done on this account and all the dues pertaining to the full an final settlement letter had been paid long back in 24th July 2009.

An amount of Rs.5000/- was finalised in the settlement letter dated 26th MAy 2009 and as per the conditions mentioned in the letter an amount of Rs1000/- was paid on 26/5/2009, an amount of Rs.2000/- was paid on 8/6/2009 and an amount of Rs2000/- was paid on 24/7/2009.(PLease find attached the copy of the FULL AND FINAL SETTLEMENT LETTER from Kotak Mahindra Bank oertaining to Loan Account No 497012 dated 26th May 2009 and the copies of the PAYMENT RECEIPTS of Rs1000/-(ATR No.881571), 2000/- (ATR No. 881754)and Rs 2000/- (ATR No.881907)in 3 installments paid to your bank.)

It was clearly mentioned in the letter that after clearance of final payment the legal case 2166ISS108 filed against me by the bank u/s 138 of N.I. Act will be withdrawn.

Unfortunately the case is not yet withdrawn and I am being harrased by Tollygunge Police Station as arrest warrants are beng issued in a gap of every 2 months and I have to appear iin the police station and in Court to get a bail from the same.

As per information from them I have to be present in the date mentioned in Bangalore or Mumbai Court and surrender there and then get a certified copy of the case being withdrawn.

Please note that I stay with my mother alone in my house and after the demise of my father last yea it is impossible for me to levae her alone and go outside Kolkata for a single day.

I hereby plee earnestly to take appropriate action so that I can be free from this mantal harrasement and the case can be withdrawn particularly when there are no dues left in the bank with me.

As far I remember Mr. Bijoy Banerjee Collection Manager Appejay House PArk Street Branch Kolkata was looking after this case.


Waiting for your kind response in this regard.

Sanjib Dey
9231903390

Dear Mr. Dey,

This is with reference to your loan agreement no. CSG- 497012 dated 29th December 2004 and also in response to your online complaint.

At the outset, please accept our sincere gratitude for the time taken and effort made by you in sharing your concerns with us.

This is to inform you that we have tried to contact you multiple times on your contact numbers available with us; however our attempts to reach you have not met any success. We would request you to kindly provide us your current correct contact numbers.

We would also request you to kindly contact our collection official Mr. Rabin Paul on 033-66131329 or alternatively you can visit him at the address mentioned below with prior appointment in order to sort out your issue.

For any clarifications, kindly contact us on our customer care nos. 18001026022/66006022 or alternately email us at kol.personalloans@kotak.com / solutions.loans@kotak.com and we would be glad to assist you.

Mr.Rabin Paul
Kotak Mahindra Bank Ltd.
Personal Loan Department
Apeejay House, 7th Floor, Block C
15, Park Street, Kolkatta-700016

Regards, Kotak Support Team