Bank loan

Question

My husband took a personal loan without my consent on my name.I told him to return the money to the bank and for that I did an nft to my husband account no. so that he would return the money to the bank but didnt return it but lost all money in share market. He told me that the bank had accepted the money and said that the bank would itself credit money in my account and debit the EMI every month. Also it happened for two Emis but when 3 rd EMI got bounced I came to know about the reality that he was leying everything. Now he is saying that he would pay the EMI himself  for the loan. My husband dont have money to pay the loan. We are fighting everyday for the same matter. Now what I want is that can I file a case against the bank to sanction loan in my account without my consent Also I want to tell u that the bank has done a great mistake that it did not ask my consent. Also the bank dont have an y of my document signature photo no such proof to claim from banks behalf that I have taken a loan. I want to file complaint against the bank so that we dont have to pay the loan. It was my husband mistake that he lost all money and now not in a position to pay the loan. Is there any such legal solution that my husband remains safe and the bank should suffer for the mistake and not having any proof of loan sanction. Plz advice.

Vidhikarya · Accepted Answer

Dear ClientPresumably this might not be the case of a Nationalised Bank.Private Banks have different style of functioning.Important questions... You have accepted the money without any complaint.Paid two EMIs withount any objection.Problem came to the limelight only after loosing money in the share market.The best option for you would be to return the money with interest at an early date ottalk to the Branch Manager for OTS.But in any case the bank will realise the money from you.Shanti Ranjan BeheraAdvocate

Vidhikarya · Answer

Kindly share more relevant facts.

Vidhikarya · Answer

Dear client kindly send them legal notice through  lawyer. If they didnt respond to you then you can make complaint before court about such frauds and cheating

Vidhikarya · Answer

You need to send them a legal notice first mentioning all the details of default.

Vidhikarya · Answer

Have you signed on any form at the Bank  Or stood as guarantor  if you have not signed you do not have to file any ase against Bank just stop paying the EMI.

Vidhikarya · Answer

Dear concernedAlthough there are a number of legal remedies available for you to get rid of this mess but such kind of things cant be disclosed on public platform. I hope you understand what I mean. For a detailed conversation on this issue kindly schedule a meeting through Vidhikarya platform.

Vidhikarya · Answer

By advocate Rameshwor dadhe dear mam yes you can file complaint against the bank .  For given lone without consent of you on your account.

Vidhikarya · Answer

Your husband will become the first accused in any such cheating case. You can try filing a complaint some action may be taken against some employees also. But your husband will have to be put on trial.

Vidhikarya · Answer

Dear Client Your husband has cheated u and he has done your false signatures on all the papers  of bankbefore taking the loan. As bank is having all the papers with your signatures u r  bound to pay EMI.  If u want to proceed against bank then first Lodge an FIR against your husband and after  the case is registered against your husband then file an application in bank that not u but your husband has taken the loan. It is also clear that when u paid  two EMI without  raising  any objection  it means that  u accepted that u took the loan then how u can deny now by saying that it is your husband and not u took the loan. Dear client not the bank but u both husband and wife are at fault. Bank can lodge an FIR against both of u .  My advice is that return the loan. Bank is not  responsible in private disputes of husband and wife.

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