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jps50

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My friend and his family have been thrown out of his flat for an overdue of Rs12000/-since last 6 months by officers of a nationalised bank. He recently approached me, as the bank was not giving any papers and his papers of loan are locked by bank . I have helped him and his wife file 3 rti applications in Jan 08 first week. Reply is awaited. I desire to have expert opinion of our learned members on the applications as it is question of life and death of my friend and family, who are on road today. For the sake of secrecy, I am not putting them on website. Senior members may pl sms their name and email ID to me on 09924106490. I will email 3 applications to them. Thanks

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Abhinav Bohare

Immediate Solution

 

Once again very well done Karira

 

I would also suggest you to take suggestions from expert advocate and also file an application with the local police about the incidence

 

Because Police is very seriously looking into Recoveries methods being done by any Bank

 

Supreme courts orders would also help you in this regard

 

BUt once again I would suggest being from a Law and Order dept that you shud file a preventive application in Police

 

This link would help you understand what I meant

 

The Hindu : Opinion / Editorials : Banks and their recovery agents

 

Nothing is more genuine than LAW if legally used or misused

 

Good luck

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Local Court Has Treated It As A Civil Matter! Police And Dsp, District Collector Have Not Taken Any Action. My Friend Wants To File Rti Applications With Dist Collector And Dsp, Once Bank's Problem Is Sorted Out With Managing Director Of Bank, Rbi Etc. At Present He Is On Road. After Filing 3 Rti Applications In First Week Of Jan 08, Asking Nearly 66 Questions And Papers, Bank Has Now Sent Message For Amicable Compromise.thank U All Very Much For Helping Family Of 4 [two Small Kids] In Destitute.

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We shall be filing 4th rti application arising out of sale notice received three days back and two first appeals on 14-01-2008 to FAA as 48 hours have already passed. There is delay of nearly a week and my friend and family is sinking.

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The only way out is to challenge the judgement of local court for treating the matter as civil. However, he has no money to go to ahmedabad and one of the advocates of high court asked for Rs.50000/- in advance. The legal aid scheme allotted a lawyer, but he said as my friend does not have papers nothing can be done. Thus bank officers have closed all doors by depriving him of every thing and denying all papers after throwing them out. Supreme Court and recently Allahabad High Court have passed strong strictures for arm twisting methods for recovery. RBI has in Nov 07 issued circulars to all banks, but banks do not care for it. Now only way left appears to be moving high court and then supreme court, for which information is being collected through RTI. Hope it would not be too late.

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Abhinav Bohare

Nothing is late till you keep trying

 

I am bit surprised on hearing the above fact

 

Well it seems now that its a judicial matter

 

So things are bit different

 

But in the mean while you can always file an additional case if you feel so harassed by the bank to HRC

 

In fact you can always allege anyone and be a petitioner and legally be on no-defensive side, provided its a human harassment and you have concrete reason and testimonial for it. This can be a separate case off course and would have link with your Financial Case wherein the Petitioner was the Bank.

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Draft complaint to national human rights commission, delhi is ready. v r awaiting reply of bank to our compromise proposal. Thanks for your kind support.

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I think, we will have to ultimately approach CIC Delhi to get important information/papers from the bank. Bank will try its best to deny legitimate information also. Is any RTI activist based in Delhi prepared to represent my friend's case at cic, if need be? My friend has no money to travel to delhi with me. Please convey willingness through this site. I am thankful to the members for the help and specially Shri Karira and Shri Abhinav 'bhau.' [brother in Marathi]

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Abhinav Bohare

Dear Bhau JPs50

 

Mee paan tumhala thanks kartoo

 

Mala paan marathi bolta yete

 

Mazhi schooling Banes School Nashik madhe jhaleli aahe

 

Chala Bhaguya

 

Tumcha ch

 

Bhau

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I m happy that with first appeal bank has partially complied with our request and papers are awaited on payment of photocopy charges. We have already moved RBI, NHRC, DRT [bank's court]. Tks 4 support.

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Abhinav Bohare

Thats a great reply

 

And the best thing your efforts have proved is that

 

When going gets tuff the tuff gets going

 

Keep going because

 

Doing Does it (by-Abhinav)

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jps50,

 

There are two famous decisions of the CIC concerning Section 7(1)...Life and Liberty clause:

 

http://cic.gov.in/CIC-Orders/Decision_19042006.pdf

 

http://cic.gov.in/CIC-Orders/Decision_27062007_03.pdf

 

Another decision you can view is:

 

http://cic.gov.in/CIC-Orders/Decision_18072006_1.pdf

 

These will give you some idea as to when the particular clause can be applied.

 

sir unable to access the order ,

you are requested to kindly look

 

regards

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sharadphadke

If the decisions are found on CIC, it becomes difficult to download. Hence use option of "Save as Google Document" You can download them later by longing to google documents. (You have to have a google A/c)

In above links: Decision_19042006.pdf indicated this decision was given on 19th April 2006. You may have to search this from year wise record and then save the document.

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Hello Karira sir,

 

You are doing a great job and dedicated work for RTI Act and RTI Activists. If I appreciate you, Kushal, ganpathi and others millions of times, it will be less only. You people are real warriers to keep Honestey in the country.

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