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UPAJIVAN ADVISORY INDIA LLP

UPAJIVAN ADVISORY INDIA LLP

Puri, India

Founded in 2020
English
UPAJIVAN ADVISORY INDIA LLP, established on June 30, 2020, is a distinguished consultancy firm based in Puri, Odisha, India. The firm specializes in providing comprehensive services in accounting, tax compliance, legal drafting, and management consulting. With a commitment to delivering tailored...
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About Banking & Finance Law in Puri, India

Banking & Finance law in Puri, Odisha, forms an essential part of both daily life and business operations. It governs the regulations between banks, financial institutions, businesses, and individuals, covering issues such as loans, deposits, mortgages, credit, and banking disputes. Puri, being a significant city in Odisha, houses several public and private banks, cooperative banks, and non-banking financial institutions (NBFCs). All financial activities here are regulated by national laws (such as the Reserve Bank of India Act, Banking Regulation Act, and Negotiable Instruments Act), as well as guidelines specific to the state of Odisha.

Why You May Need a Lawyer

Banking & Finance matters can be complex and may necessitate specialized legal guidance. You may want to consult a lawyer in the following situations:

  • Disputes over loan recovery or repayment schedules
  • Issues with cheque dishonour or bounced cheques
  • Legal action by banks for defaulting on loans or credit card payments
  • Problems arising from joint accounts, fixed deposits, or nominee rights
  • Bank frauds or unauthorized transactions
  • Understanding banking regulations for startups or business establishments
  • Concerns over mortgage foreclosure or asset seizure by banks
  • Non-compliance with KYC (Know Your Customer) or anti-money laundering regulations
  • Resolving issues with NBFCs or microfinance institutions
  • Consumer rights violations in banking services

Local Laws Overview

While the majority of banking laws are governed by central legislation, certain aspects have local nuances in Puri and Odisha. Key relevant laws and regulations are:

  • Banking Regulation Act, 1949: Regulates all banking institutions in the area.
  • Negotiable Instruments Act, 1881: Addresses cheque dishonour and negotiable instruments disputes.
  • SARFAESI Act, 2002: Gives banks and NBFCs the right to recover unpaid loans by auctioning pledged assets.
  • Odisha Cooperative Societies Act: Governs local cooperative banks and finance societies.
  • State Money Lending Laws: Regulate private moneylenders' activities in the region.
  • Consumer Protection Act, 2019: Safeguards banking and financial consumers.
  • RBI Guidelines: Regulate procedures for opening/closing accounts, deposits, and priority sector lending in Odisha.

If you face banking disputes in Puri, you may need to approach forums like the District Consumer Disputes Redressal Commission, or banking ombudsman offices established by the RBI.

Frequently Asked Questions

What should I do if my bank account is frozen or blocked?

Contact your bank first to understand the reason; it may be due to KYC issues, court orders, or regulatory requirements. If the issue is not resolved, a lawyer can help you challenge wrongful blocking in the appropriate forum.

How do I address a bounced cheque case?

A bounced cheque is a criminal offense under Section 138 of the Negotiable Instruments Act. As the payee, you can issue a legal notice within 30 days and, if unresolved, file a complaint in the local court. As the issuer, you should resolve the payment quickly to avoid legal escalation.

Can I claim compensation for unauthorized or fraudulent transactions?

Yes, you should immediately inform your bank and provide written notice. If the bank fails to act or compensate, you can seek help through the banking ombudsman or file a case in consumer court with the help of a lawyer.

What rights do I have as a joint account holder?

Joint account holders each have specific rights over the account and deposited funds, as defined in the account’s operational instructions. In case of disputes or the death of one holder, a lawyer can assist in interpreting your rights based on account terms.

How do I challenge wrongful loan recovery or property seizure?

If a bank is wrongly proceeding with action under the SARFAESI Act or initiating harassment, you can file appeals with the Debt Recovery Tribunal (DRT) or consult a banking lawyer to challenge the process.

Are NBFCs and microfinance institutions regulated the same way as banks?

No, NBFCs are regulated by RBI but are subject to less stringent rules than banks. Disputes involving NBFCs may require specific legal expertise, as they are governed by their own set of guidelines.

Can I lodge a complaint against a bank in Puri for poor service?

Yes, you can approach the branch manager, submit a written complaint, escalate to the bank’s grievance cell, then the RBI banking ombudsman, or the District Consumer Disputes Redressal Commission if unresolved.

How can I verify the legitimacy of a money lender in Puri?

Money lenders must be licensed under Odisha's state laws. Ask for their license, check with the local authorities, or consult a lawyer to avoid illegal financial dealings.

What should businesses or startups know before availing financial products?

They should ensure all documents are reviewed, understand interest rates, repayment terms, collateral requirements, and be aware of their compliance obligations under RBI, GST, and local commercial regulations.

How much does it cost to hire a banking & finance lawyer in Puri?

Legal fees vary depending on the complexity of your case and the lawyer’s experience. Some lawyers offer an initial consultation for a nominal charge. Always request an estimate before engaging services.

Additional Resources

  • Reserve Bank of India (RBI): Central regulatory authority for all banks and NBFCs.
  • District Consumer Disputes Redressal Commission, Puri: For grievances against banks/financial service providers.
  • Banking Ombudsman (RBI): For unresolved complaints against banks.
  • Odisha State Cooperative Bank & Registrar of Cooperative Societies: For cooperative banks' issues.
  • Puri District Legal Services Authority (DLSA): Provides free legal aid to eligible individuals.
  • Local Bar Association, Puri: Helps in finding qualified banking & finance lawyers.

Next Steps

If you believe you need legal help in a Banking & Finance matter in Puri, start by gathering all related documents, such as loan papers, transaction statements, notice copies, and correspondence with the bank or institution. Clearly note down the sequence of events and your primary concerns. You can:

  • Contact a banking & finance lawyer in Puri for an initial consultation.
  • Bring all documentation for your first meeting or discussion.
  • Check if you are eligible for free legal aid from the District Legal Services Authority.
  • If your matter is urgent (such as property seizure or bank account freeze), seek legal advice immediately to ensure you don’t miss any critical deadlines.
  • Keep records of all interactions with financial institutions as they may be required as evidence.

Navigating Banking & Finance legal issues can be challenging. Professional legal advice can protect your rights and help resolve matters in accordance with the law in Puri, India.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.