After banking on elusive justice, he has resigned himself to fate

Although the court decisions have gone in Shah8217;s favour, the bank authorities are unyielding. If records are any proof, the bank has attempted to turn the tide against Shah by claiming that it is he who owes money to the bank, and not the vice versa. To buttress its claim, the bank has furnished a statement, charging heavy interest on the loan taken by the Shahs to construct a part of premises which houses the bank. The statement, however, makes no mention of the interest which the bank should pay on the money it owes to the Shahs.

As a result, Haritbhai and his family has been left in the lurch and is struggling for a hand to mouth existence. He is now running from pillar to the post to get his due honourably.

Son of a freedom fighter who was closely associated with Mahatma Gandhi, Haritbhai followed his father8217;s footsteps and joined the freedom struggle. Later, to earn a living, the family started a marriage hall, Bhagyodaya Mangal Karyalaya8217; in the posh Dhantoli area. Everything was going fine for the family till 1983, when the marriage hall was razed to ground in a fire. The incident brought about a change in the lives of the Shah family, but certainly not for a better.

The Shahs had initiated reconstruction of the hall taking loan from Bank of Maharashtra, when the Central Bank of India approached them with a deal. The bank, looking to shift their branch in Dhantoli, offered to take Shah8217;s premises and offered him a loan of Rs 6.86 lakh to construct a strong room for them. Haritbhai Shah and his family readily agreed to the deal, a decision which they repent to date.

The bank occupied the premises in 1983 and agreed to pay Rs 8,360 as rent per month. The Shahs agreed to the bank8217;s suggestion that the rent would be adjusted against the loan taken by them. It was further agreed that the loan will be settled in three years following which the Shahs would receive rent.

However, even after the expiry of three years, Shahs did not receive rent. They learnt that the bank had charged a compound interest on the loan and the resultant installment was higher than the rent. As a result, the loan amount went on piling. The Shahs argued that the bank should charge simple interest on the loan, but the bank did not relent.

From then onwards the Shahs entered into a legal battle with the bank, which continues till date. From a legal battle in the High Court to get outstanding rent to the fixation of fair rent, legal cases have been going on.

The Shahs won their first battle in 1998 when the High Court ordered the bank to pay all outstanding dues from 1983. The second was when the Rent Controller fixed the rent at Rs 25,550 to be paid by the bank with effect from 1990.

The Central Bank of India deposited approximately Rs 20 lakh with the court for outstanding rent since 1983, but deducted the rent it had adjusted against the loan account. The bank paid Rs five lakh to Shah, while nearly Rs seven lakh is lying with the court following a dispute between Shahs and the bank over calculations.

The bank also began paying rent to Shahs at the rate fixed by Rent Controller. This willingness of the bank however proved to be shortlived as by the end of 1998 it again stopped the payment. In a surprise move soon after, the bank came out with yet another financial statement in which it told the Shahs they who owed nearly Rs 20 lakh to the bank. Of this, Rs 16 lakh is on account of the interest charged on the loan, while there is no mention of the interest which the bank is supposed to pay to Shahs for outstanding rent, Haritbhai Shah has claimed.

8220;How can they charge interest on the loan, but not pay interest on our money blocked with them8221;, Haritbhai asks. 8220;At this rate, it may take more than 400 years to repay the loan8221;, he added. The bank is not willing to hear this argument. This means the Shahs may be forced to fight one or even more legal battles stretching over years together.

The Shahs are not prepared for it as they have lost hopes of any justice from the bank. The long legal battle with the bank has shattered the Shah family. With no other source of income to turn to, the family has sold its properties in the building one by one for sustenance. But that too may not last long. Elders in the Shah family are worried about the future of their next generation.

Tired and fatigued, the Shahs say they are now on the verge of giving up further efforts and resign to their fate. 8220;We dont want our money back provided the bank vacates our premises8221;, Haritbhai says. He is now taking up his plight with none other than the Prime Minister and the President and hopes that he gets justice there.