[Resolved]  State Bank of India - Lucknow Branch — Unauthorized ceasure of account of the Guarantor

Address:

Lucknow, Uttar Pradesh

Dear Sir/Madam,

My name is Diwakar Kumar Gupta,S/O Dr. B.C. Gupta.Resident of (H.No. 715 , 2nd Floor,Azaad Mohal,Sadar bazar ,Lucknow.Cantt - 226002).With lot of grief and disappointment I beg to state that my father who took an education loan for me from SBI - cantt branch at lko in the year 2006, is a pensioner and gets his pension every month in the above mentioned SBI branch account.Though the loan was sanctioned by the then manager of the bank and the A/C PAYEE cheque was also issued in that respect,however due to some untoward circumstances in the family I had to quit my studies 1-2 months after joining the B.B.A course which I was pusuing from Lucknow University.Therefore the cheque which was issued by the bank was unused,hence no amount was debited from the loan account of the Bank.It is a universal rule that if any A/C payee cheque is issued to any person and if he/she does not use the instrument within 6 months from the date of issue,then the cheque so issued becomes null and void (i.e., unusable).Therefore,if no amount has been used for the purpose it was meant to be used and moreover it was a a/c payee cheque so no person can encash the amount except the one in whose name the cheque is issued.Therefore,it must be very clear by the above mentioned facts that if no amount has been used then the bank has no authority to charge any interest/damages from the guarantor,whose is not at all liable to pay any interest levied by the bank,because the bank can only charge interest when loan amount has been used by the person to whom the loan has been sanctioned.In my case ,since no amount whatsoever has been utilized for the purpose and also the cheque/s which were issued by the bank was also not used,hence the loan should get cancelled automatically.I want to throw light on one more aspect that when the cheque/s which was issued by the bank were not used by me then why did'nt the bank sent any reminder in order to enquire as to why the amount has not yet been transferred to the concerned person in whose name the cheque is issued.It is shameful on the part of such a reputed bank that they are harrassing my father unnecessarily and all of a sudden they have now ceased his pension account without enquiring about the details ,this is utmost illogical and unethical on the part of the bank.Now I am afraid ,my father who is very ill and an elderly citizen,how he would be able to cope with his day-to day expenses since they have ceased his pension account.
I would request that justice should be granted to us and severe action should be taken against the bank so that they shall not be in a position to harrass any other person in future.

Thanking You In Anticipation,

DIWAKAR KUMAR GUPTA
Applicant
E-mail address : diwakar.[protected]@gmail.com
Mobile No : [protected]