SK MOHIUDDIN
, B. E. , LL.B
ADVOCATE - CALCUTTA HIGH COURT
Chamber Address : 61B, PARK STREET, NEELAM APPARTMENT KOLKATA – 700016.
Email: Skmohiuddin@outlook.com +91 8777050326
Registered post with acknowledgment Card
Reply Notice
31.03.2024
(For and on Behalf of. SUNAYANA BANSAL )
To,
The Chief Manager/Authorised Officer,
IDBI BANK,
IDBI House,
44, Shakespeare Sarani
Kolkata - 700017
Sir/Madam,
Sub : Reply Notice for Notice RECALLING LOAN DATED 08-03-2024
My client hereby received your Demand Notice dated 08-03-2024 and reply for the same as follows:
My Client SUNAYANA BANSAL of has state that her father has availed Home Loan a sum of
Rs.47,46,000/-. Home Loan A/c No. 0702675100014474) and a sum of Rs. 204074/- for Insurance
Loan (Ins. Loan A/c No. 0702675100014492) .
My client further state that her father was advised to avail insurance coverage for the Home Loan
called Home Suraksha Plus stating that the said insurance policy, inter alia, covers Critical Illness
Diagnosis as well.
The client further state that her father applied for a Home Loan for the property located at All that
piece and parcel of a flat being No 2A on the second floor in block 18 of the building known as
“Regent Ganga” having super built up area 1861 sq ft together with the proportionate share of the
land admeasuring 44 cottha Ol Chittak, 15 square feet and physically measured 53 cottha, C 15
square feet lying and situated at Mouza-Kotrung, J L No-8. 9K, G. T. Road, PS-Uttarpara, Ward no -5,
District -Hoogly within limit of UTTARPARA KOTRUNG municipality.
An Loan Agreement dated 20.09.2018 And Insurance Agreement dated 20.09.2018 was issued in
favour of my clients Father , whereby, a sum of Rs.47,46,000/- for Home Loan (Home Loan A/c No.
0702675100014474) and a sum of Rs. 204074/- for Insurance Loan (Ins. Loan A/c No.
0702675100014492) was sanctioned to them, which has to be repaid in Equated Monthly
Installments.
1
SK MOHIUDDIN
, B. E , LL.B
ADVOCATE - CALCUTTA HIGH COURT
Chamber Address : 61B, PARK STREET, NEELAM APPARTMENT KOLKATA – 700016.
Email: Skmohiuddin@outlook.com +91 8777050326
The Client father were residing in Kolkata . On the fateful day, when the Client’s Father was
proceeding to his office by driving the car, he suffered massive cardiac arrest and was rushed to
Charnock Hospital. It was diagnosed that he suffered from cardiac arrest and he went through
ventricular fibrillation. However, he breathed last on 08.08.2019 in Kolkata
That My Client filed a claim petition on 27thFeburay 2020 which was assigned. Since there was inaction
on the part of the Insurance Co, she lodged a complaint with the grievance cell, thereupon, she was
told that the document with respect to the “cause of Ventricular Fibrillation and Cardiac Arrest from
treating Doctor” was required. She received the same from Charnock Hospital and submitted it with
the Insurance Co. on 27th February 2020, which was received by them on the very next day, . As per the
report, the cause of the death of her father was “Heart Attack and Hepatic Encalopathy”
That further my client state that my client was informed during date 15th February 2024 , that her
claim had been repudiated on the ground that the cause of death of her husband was not covered
under 'Major Medical Illness”. Aggrieved by such repudiation, the petitioner lodged a complaint with
the grievance cell on 2nd March 2024, which did not yield any positive response.
As per the Policy in question the medical event was covered under the Policy. Though the cardiac
arrest and Hepatic Encephalopathy suffered by the Father of my client falls under the abovesaid
medical event, the Insurance Company are denying the rightful claim to the insurance cover.
Kindly allow my client to submit her submission regarding the same.
At the outset, It is submitted that Notice under reply has not been duly served timely to our clients and
the same has been hold it back deliberately by your`s officials for their vested interest.
That the notice under reply is bad and non-maintainable as the same has not been signed by any
officer equivalent to the rank of Chief Manager and above which is mandatory for such a notice.
That my client state that after receiving the impugned Loan Recall Notice dated 08.03.2024, the
applicant made a representation to the Bank authority/ company stating interalia that due to
pandemic /COVID-19 appellant is unable to pay the said EMI as per the condition of the said Bank
with a request to reduce the amount of EMI and extend the time of repay the same because the
appellants could not make some payment due to pandemic effects and to avail an opportunity to
repay the remaining dues through easy monthly instalment.
That the notice under reply is bad in law, unwarranted, uncalled for as there has not been any cause of
action for the issuance of the said notice.
2
SK MOHIUDDIN
, B. E , LL.B
ADVOCATE - CALCUTTA HIGH COURT
Chamber Address : 61B, PARK STREET, NEELAM APPARTMENT KOLKATA – 700016.
Email: Skmohiuddin@outlook.com +91 8777050326
That it is stated that the notice under reply has been issued in a casual and mechanical manner
disregarding the mandatory pre-requisite as provided under the SARFAESI Act thereby making the
same bad in law.
That the notice under reply is bad and non-maintainable as the details of the alleged liabilities as
contemplated under Section 13 of the Securitization Act have not been provided to our client. The
statement of account in respect of each of the alleged NPA accounts has not been provided which is
also mandatory. It is submitted that the notice under reply has not been accompanied by the detailed
statement of accounts thereby preventing our client from ascertaining the correctness of the alleged
liability/alleged outstanding amounts stated in the notice which is one of the important conditions for
a legal notice.
My Client further state that either allow my client to heard regarding the Loan Insurance or else my
client asking for your grace to provide _ 6 to 8 Month to settle the same without due interest, until
then my client request you to hold the Legal Action against himself and his property which was offered
as security for the loan.
My client further request you that he will not be liable for the voluntarily initiated charges under
Publication Charges, Convenience charges for the Field Officers and other related charges since it an
unethically liable against my client and he further request you to hold the legal actions like Paper
Publication and others against my client, if it was published it will be an irreparable loss to My client
and his reputation.
Hence My client hereby request your to grace time to settle the aforesaid Loan due amount and to hold
the Legal Action against my Client and his properties which are offered as security for the same.
In view of the above we hereby call upon you to withdraw the notice under reply the same being false,
frivolous, illegal, coercive, non-maintainable and violative of RBI guidelines We further maintain that
this reply should also be treated as representation/objection of the Securitization and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002.
Copy Retained in my office for necessary action.
(SK. MOHIUDDIN )
ADVOCATE
Enclose : Photocopy of Postal Receipt of Notice Date 08/03/2024
