Legal Notice on Bank

 

 

                                                          Date : 26^th day of October’ 2024

To,

The Manager,

Canara Bank,

Chowringhee Branch,

7, Kyd Street,

Kolkata – 700016.

 

Ref. : Housing Loan Account No. 160001872780;

 

My Client : Sri Jayanta Chowdhury, Proprietor of M/s. Global Aqua, Mouza – Nawpala, under Sarat Chandra Gram Panchayat, P.S. Bagnan, District – Howrah, Pin – 711303, and also at Holding No. 61, Purba Bagnan Colony, 2^nd Floor, Premises No. 44/1A, Shyamnagar Road, South Dumdum, Bangur Avenue, Jessor Road, Kolkata – 700055, District North 24 Parganas, and also at 3^rd Floor, Premises No. DC-9/15, Deshbandhu Nagar, P.O. Deshbandhu Nagar, P.S. Baguihati, Kolkata – 700059, District South 24 Parganas.

 

Subject : Return of Original Agreement for Sale dated 21/10/2021, registered in Book No. I, Volume No: 1904-2021, Page No: 545024 to 545075, Being No. 190411911/2021, registered in the office of the A.R.A. - IV KOLKATA.

 

 

 

 

Dear Sir,

 

Under instructions and on behalf of my client Sri Jayanta Chowdhury, Proprietor of M/s. Global Aqua, Mouza – Nawpala, under Sarat Chandra Gram Panchayat, P.S. Bagnan, District – Howrah, Pin – 711303, and also at Holding No. 61, Purba Bagnan Colony, 2^nd Floor, Premises No. 44/1A, Shyamnagar Road, South Dumdum, Bangur Avenue, Jessor Road, Kolkata – 700055, District North 24 Parganas, and also at 3^rd Floor, Premises No. DC-9/15, Deshbandhu Nagar, P.O. Deshbandhu Nagar, P.S. Baguihati, Kolkata – 700059, District South 24 Parganas, I would like to bring to your notice the followings :-

1.   That my client had applied for a housing loan to purchase a flat, which was accordingly sanctioned.

 

2.   That my client has made a registered agreement for sale with the concerned developer and has already paid to the Developer i.e. M/s. Bengal Emami Housing Limited a sum of Rs. 50,00,000/- (Rupees Fifty Lakhs) only.

 

3.   That for disbursement of the loan amount, you made it condition precedent that the registered agreement for sale has to be created equitable mortgaged with you. My client by following your instructions has submitted the said agreement for sale to you.

 

4.   That reportedly you showed the original demand draft against the sanctioned housing loan amount to my client; But mysteriously you have not handed over the said demand draft either to my client or the Developer i.e. M/s. Bengal Emami Housing Limited.

 

5.   That you have started deducting EMIs from the account of my client against a proposed loan amount which has never been disbursed to my client. More surprisingly, you even transferred amount from the current account of my client standing with your bank into his savings account wherefrom you have deducted the EMIs.

 

6.   That my client requested you through his letter dated 07/10/2024 to return the said original agreement for sale now lying in your custody, but you have not handed over the same.

 

7.   That my client is now in great difficulty since you have put him on a hot tin roof. He is not being able to pay the rest amount to the developer for which he is being threatened of deduction of huge amount from the advance paid by him to the developer.

 

In the circumstance, I request you to return the original registered agreement for sale to my client immediately and to credit the amount you have deducted on account of EMIs against the proposed housing loan not ever given to him.

 

This is for your information and necessary action.

Thanking you,

 

Yours’ faithfully,

 

 

Ashok Kumar Singh,

Advocate

High Court Calcutta