PP 5180
PP 5180
PP 5180
DSA/21904/BTPL/ABFL/SEC25/DEC/23-24/LXW-I06823-242640825 Date:27.12.2023
PRABHAT CHANDR SHRIVASTAVA
SO Chandra Prakash Shrivastava , 1740 3 aamanpur , madan mahal , near l.i.c. colony ,
madan mahal , Jabalpur , Jabalpur , Jabalpur , Madhya Pradesh , 482001 Jabalpur MADHYA
PRADESH 482001
E-mail :cprabhat490@gmail.com
Phone:7987128230
Dear Sir/Madam,
Under Instructions, and on behalf of our Client M/s. Aditya Birla Finance Limited
(hereinafter referred to as “Our Client”), which is a Non-Banking Financial Company,
incorporated under the provisions of The Company Act 1956/2013, having its registered
office at Indian Rayon Compound, Veraval, Gujarat – 362 266 and a corporate office at, 10th
Floor, R Teck Park, Nirlon Complex, Near Hub Mall, Goregaon (East) Mumbai 400063 we
hereby address you this Notice Under Section 25 & 27 of the Payment and Settlement
Systems Act, 2007 as under :-
1. That our client i.e. M/s Aditya Birla Finance Limited, is inter-alia engaged in the business of Leasing,
Financing and advancing credit facilities including for Loans for educational purposes, Home Loans,
Corporate Mortgage Loans, etc to various customers as per their requirements.
2. That you had approached our client for the grant of a loan which was granted to you in terms of the
Loan Agreement being Loan Account No. LXW-I06823-242640825 which was executed between
you and our client and loan amount along with interest thereon and other applicable charges were
payable by you in Equated Monthly Installments (EMI’s ) to our Client on time, in terms of the
agreed schedule of re-payment, between you, and our client.
3. That in order to discharge your said legal debt/liability towards our Client in respect to the said
Loan, you agreed to discharge the same by availing Electronic Clearance System ECS/NACH
facility and authorized our client to receive the said amount through ECS/NACH Accordingly the
following ECS/NACH were instructed by you to your banker as per the ECS/NACH mandate and
thereby authorized our client to claim the amount through ECS/NACH through your bank I.e. State
Bank of India
4. That our client presented the same for clearing towards full/part of discharge of your liability
towards the said Loan Account through ECS/NACH as instructed by you. However, our clients
were shocked when the ECS/NACH bounced and the Return Report was received by our client
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DELHI : B1/E9, Mohan Co-operative Industrial Estate, 1st Floor Mathura Road, New Delhi-110044
in as much as the amount was not cleared by your Banker due to the reason "04 - Balance
Insufficient". That the factum of dishonoring of the above referred payment through
ECS/NACH was brought to the knowledge of our client by its banker namely IndusInd Bank
Ltd on dated 22/12/2023 which is maintained at Gurgaon, Block A, Sushant Lok, Phase I,
Tower B, First India Place,'Gr. Floor, Mehrauli-Gurgaon Road, Branch At Gurgaon 122002,
Haryana.
5. That your aforesaid action in allowing the ECS/NACH to return unpaid on presentation goes to show
that you had issued the said ECS/NACH with a malafide Criminal intent and to defraud our client,
knowing fully well that on presentation the said ECS/NACH will not be honored and you never made
any attempt to facilitate the encashment of the same. Your said act amounts to a deliberate act of
defrauding our client apart from being an offence under Section 25 Read with Section 27 of the
Payment and Settlement System Act, 2007, which is punishable with imprisonment for a period upto
2 years and/or fine upto twice the amount of the ECS/NACH or with both.
6. Under the circumstances you the above named noticee(s) are called upon, to pay the said amount of
66305/- being the amount of the said dishonored ECS/NACH by a pay order or bank draft or cash,
within 15 days from the receipt of this notice, failing which, our client shall be constrained to initiate
appropriate proceedings under the Civil and Criminal Law including but not limited to initiating
proceedings under the Section 25 Read with Section 27 of the Payment and Settlement System Act,
2007 read with chapter XVII of Negotiable Instruments Act, 1881 without any further notice, which
kindly note shall be entirely at your cost, risk and expenses.
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DELHI : B1/E9, Mohan Co-operative Industrial Estate, 1st Floor Mathura Road, New Delhi-110044