VIVEK SINGH

(ADVOCATE)
C-62, 1st Floor, NizaMuddin East, New Delhi – 110013
Email – [email protected]
Co. +91 9321 204378

14.11.2023
To,
The Authorised Officer,
UCO Bank,
Naraina Branch,
Dwarka,
New Delhi-110028

SUB: REPRESENTATION U/S 13(3A) TO YOUR NOTICE DATED

09.10.2023 SENT U/S 13(2) OF THE SARFAESI ACT, 2002.

Respected Sir,

I address this representation to you on behalf of and under the

instructions/authority of Mrs. Raj Kumari and all legal heirs of Late Mr.
Kamal Thakur (Prop. Kamal Watch House), Resident of Flat No. 512, First
Floor, Pocket – 13, Sector – 1, Dwarka, New Delhi – 110075, also at Flat No.
538, Ground Floor, Pocket -13, Sector -1, Dwarka, New Delhi – 110075
(hereinafter referred to as “My Client”) under Section 13(3A) of the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, (SARFAESI) 2002 to your Demand Notice dated
09.10.2023 issued to My Client U/s 13(2) of the Act.

At the outset My Client states that the Demand Notice issued by you is
arbitrary and in ignorance of the various guidelines issued by the Reserve Bank
of India through its gazette Circulars and notifications as well as in contravention
of the SARFAESI Act, 2002. My Client is utterly shocked and dismayed at the
lengths your Bank has gone to recover its dues thereby erring under law and
smearing the grey line between security enforcement and errant recovery, My
Client hereafter categorically states the violation of his rights and requests carried
out by your Bank:

1. My Client states that she questions the mechanism undertaken by your Bank
in classifying the account as a Non-Performing Asset (NPA), the ignorance
towards her letters addressed to you regarding a One Time Settlement Offer
(OTS) and the issuance of the very Demand Notice issued by you which is
non-compliant and void of several basic modalities required by Law.

2. Firstly My Client states that she had issued you letters dated 19.06.2023 and
11.09.2023 prior to her account being allegedly being classified as NPA,
explaining you the unfortunate circumstances faced by her after her husband’s
sorrowful demise as well as the installments paid to keep the account regular,
which was duly received by your Bank, My Client vide her abovementioned
letters had requested you to open communication for allowing her an
opportunity for a One Time Settlement of her loan account, since she lacks
the capability to pay off the hefty monthly installments levied per month,
nonetheless, her son has even often physically visited your branch in order to
get a possible dialogue with you regarding any OTS proposal however their
requests and letters have all been in vain. It seems that you have turned a blind
eye to all those requests, which is indicative of the Bank’s mala fide intentions
and objective which seems rather to render My Client homeless then to
recover the financial credit assistance extended by the Bank to her husband.

3. My Client states that the Bank has not considered her requests even on
humanitarian grounds let alone on technical ones. It is stated that the
Borrower Late Mr. Kamal Thakur met a horrific end at the night of
 29.03.2023 when he was shot down by a few men at point blank range, Mr.
Kamal Thakur had protested against an illegal encroachment to build a temple
on a public park ground near his shop by one Ms. Devi, against which he had
filed various complaints with the local MCD Statutory Body however no
action was taken against the flagrant woman but this outcry backfired for him
lethally and due to his complaints the woman decided to shut his voice forever
by hiring a few local goons, who on the night of 29.03.2023 under the garb of
seeking help had shot him in his right temple of the brain thereby murdering
him, the said shooting had cost him his life and he died instantly. The said
incident was widely covered by media and circulated in several newspapers
and news articles. This recent loss of her husband left poor Mrs. Raj Kumari
in utter shock and despair as he was the only earning source in the family who
was solely responsible for bringing in the bread and butter of the family. She
had hardly risen from the sudden and unforeseen loss of her husband when
she was harshly reminded about the Bank’s loan dues hovering over her head,
the credit repayment discipline was regularly maintained when Late Mr.
Kamal Thakur was alive however after his demise and with no active source
of income, the monthly installments have become a burden upon Mrs. Raj
Kumari therefore she has been seeking an opportunity to pay off the loan in a
one-time settlement deal, however the Bank has shown no consideration even
on account of humanitarian ground thereby adding to her distress.

4. My Client states that she had issued you letter dated 26.10.2023 for OTS and
on dated 6.11.2023 again a request letter for OTS was issued. That my client
on 06.11.2023 also issued letters to Bank higher officials at zonal office. In
furtherance, to this you in your reply on dated 08.11.2023 stated your regret
for OTS.
5. My Client states that the Bank has erred in classifying her account as NPA on
account of non-payment of dues as stated in your Demand Notice dated
09.10.2023 in para 4.; My Client states that she has been paying off the
overdue amount as well as the monthly installments regularly, it is stated that
the account had incurred an overdue of Rs. 60,005/- between 31.05.2023 to
01.06.2023 which was duly paid off by My Client on 19.06.2023 thereby
pushing the account out of the stream of overdue and the same was informed
to your Bank vide letter dated 11.09.2023 which was duly received by your
Bank, furthermore My Client has paid off Rs. 71, 000/- between the month of
August and September alone (which is more than the monthly EMI fixed), the
statements for the month of June, July, August and September 2023 are
hereby enclosed with this Representation for your perusal, the payments made
clearly reflect in the said statement and are highlighted. My Client states that
the Loan was acquired in May, 2013 and how merely by missing upon one
installment the Bank has classified the account of My Client’s late husband
as NPA is baffling since it is in clear contravention of the RBI’s Master
Circular bearing No. RBI/2013-14/62 DBOD.No.BP.BC.1/21.04.048/2013-
14 titled as “Master Circular - Prudential norms on Income Recognition,
Asset Classification and Provisioning pertaining to Advances” which
serves as a guidance to Banks with regards to the process of classifying assets
as NPA and actions to be initiated thereafter wherein in Clause 2.1.2A (i) it
clearly states: “2.1.2 A non performing asset (NPA) is a loan or an advance
where
i. interest and/ or instalment of principal remains overdue for a period of
more than 90 days in respect of a term loan…”
therefore as one can observe the abovementioned clause clearly states that
when interest and/or instalment of principal remain overdue for a period of
more than 90 days in respect of a term loan then the said account can be
classified as NPA it is pertinent to note that the said overdue must be
 persisting and continuous for the complete stretch of 90 days without the
borrower making any payment during the period of those 90 days, whereas
My Client has made the last payment in September 2023, therefore she seeks
explanation under what rhyme and reason the said account was termed as
NPA.

6. My Client states that the objective of implementing the SARFAESI Act, 2002
was to ensure efficient recovery of Bank’s dues owed by NPA accounts and
not to delve into penal or dire actions, it is not the case where the Borrower is
non-compliant or has continuously defaulted upon the credit facilities
acquired, My Client has always been compliant and willful to pay the monthly
instalments however since the death of her husband she has been facing severe
financial crunch and therefore requests a One Time Settlement to close her
loan lien.

7. My Client further states that the notice issued is devoid of several basic and
key factors which are as follows:

i. Notice has not been issued on the Bank’s letter head which raises
questions upon the validity of the said notice.

ii. The Notice seems to be of an arbitrary nature wherein the Bank has
thoroughly intimated My Client about her account being allegedly
classified as NPA and the Bank has further stated the measures it shall
take against the Secured Assets mortgaged with it however the Bank
has erred in law and in equity as well as good conscience by not
informing My Client of her rights U/s 13(3A) of making a
representation within a period of 60 days to the demand notice issued
U/s 13(2) which goes against the principles of natural justice and the
 doctrine of Audi Alterem Partem which clearly indicates the Banks’
ulterior motives and mala fide intentions of not informing My Client
about her rights thereby creating an entourage of fear in her mind.

8. My Client therefore in light of the abovementioned facts and circumstances

requests you to kindly understand her situation and cooperate to discuss with
her regarding a One Time Settlement amount which she can easily pay and
close the account since considering her condition and the financial unstability
she is facing.

9. My Client states that in case the Bank still pays no heed to her requests and
proceeds arbitrarily in the wrong and illegal classification of her account as
NPA and initiating SARFAESI action then she shall be constrained to
approach the Hon’ble Debts Recovery Tribunal to emphasize upon the Bank’s
high handed tactics and operating in contravention of the RBI’s master
circular by wrongly classifying her account as NPA even after being regular
in paying the monthly installments.

10. For your understanding My Client shall forever be grateful.

Regards,

Adv. Vivek Singh

MAH/7278/2019
C-62, 1st Floor,
Nizamuddin East
New Delhi - 110013