Offer and acceptance...court case ..not yet final...sigh
By vanny
@vandana7 (98787)
India
July 4, 2018 3:24am CST
So we sat at the compromise table...
Before that the bank manager took his sweet time to arrive.
He gave me stoned look at first...as if he did not recognize me.
Then he decided he wanted to be friendly ...need of the hour. After all, I have to compromise.
I had in the meanwhile reached the beechey part of my emotional brain. So I asked him...you signed an affidavit saying we never met...back to stoned look.
Ah...gotcha..felt satisfied.
So I asked for 175000 INR, all inclusive. 100000 for the mental agony, 50000 for loss in value of the property, and 25000 for other expenses.
The guy possibly came prepared for 100000 INR and judges were prepared to award 250000 apparently.
I would have settled for 100000 INR had he not lied so much. Heck, even for lower, had he been nice to me instead of stiff I am a manager, I can do anything. That is so grrrr.
As things stand, I stood there asking for my pound of flesh. And am now feeling guilty because I agree mistakes happen. That said, people need to be apologetic about it, and honest about it, not arrogant. Confused.
At the best, it is an offer. It is up to the bank to accept it, or reject it. It is also up to the bank to make a counter offer. To that extent, I am glad I stuck to 175000 INR. Bargaining means I might have to bring it down some and so I will get 150000 INR as I initially thought of.
I wish this guy had not come, and negotiations had gone on between me and the advocate. Though I don't trust the advocate either, at least, there is no past to influence our interaction.
I wish there was a softer and more pleasant way out of it. Money...is a nasty thing.
If the offer is accepted, then I can always be magnanimous on July 20th, 2018 and say ..ok..I let go of another 25000 bucks ..but not before I get what I want...that is 150000 INR.
So do you think I did right by sticking to my guns? What would you have done in my shoes?
13 people like this
11 responses
@mlgen1037 (29886)
• Manila, Philippines
4 Jul 18
Hi Vanny. Just trust your guts and not settle for less.
3 people like this
@vandana7 (98787)
• India
4 Jul 18
@mlgen1037 That is true. There has been no responsibility at the banker's end, while their unions have kept on striking, asking for more and more pay for which we pay bank charges. Time bankers started taking their job seriously.
1 person likes this
@mlgen1037 (29886)
• Manila, Philippines
4 Jul 18
@vandana7 They should because the clients pay and like at least do their jobs well and not be sloppy. .
1 person likes this
@mlgen1037 (29886)
• Manila, Philippines
4 Jul 18
@vandana7 You did what you need to do so they will learn their lessons.
1 person likes this
@vandana7 (98787)
• India
4 Jul 18
Yeah...just feeling sorry that they followed wrong counseling. Timing also did not favor them. I mean, had I filed the case in December 2016 or January 2017, the bank would pay the penalty. As things stand a major fraud was exposed in February 2018, which prompted the central bank to come up with stringent ways to cut down such things. So the monies will be recovered from the salaries of officers deemed to be at fault. That does not feel too good. I mean, it is one thing to take away from profits, and it is another thing to take from somebody else's pockets.
1 person likes this
@lovinangelsinstead21 (36850)
• Pamplona, Spain
4 Jul 18
I would do the same as you and well done for saying what you did and ignoring his face of stone.
All that waiting again just hoping that its for a better date.
Keep cool and calm if you can I cannot stand stone faced people myself.
1 person likes this
@lovinangelsinstead21 (36850)
• Pamplona, Spain
4 Jul 18
@vandana7
This is for them a triple raspberry going their way.
Bah I don´t know how they get to be bankers some of them.
Ahem that is for those bankers that you have had to put up with today.
Even so ten fe have faith that it will work out for you I am almost sure that it will.
Ahem that is for those bankers that you have had to put up with today.
Even so ten fe have faith that it will work out for you I am almost sure that it will.1 person likes this
@vandana7 (98787)
• India
4 Jul 18
You know every time I have been to the bank. They have listened to my suggestions, and ended up with an impasse, which is followed by time given to me...like you vent your frustration, take your 10 to 15 minutes and leave. It will be business as usual for us. We won't be rude to you or harsh with you. But we won't do more than this to calm you because our panel advocate says so.
1 person likes this
@lovinangelsinstead21 (36850)
• Pamplona, Spain
5 Jul 18
@vandana7
When I say that I am almost sure that it will work out for you what I mean is that I am no fortune teller.
Here goes another round of raspberries for those stone faced and stone hearted it might do them some good.
1 person likes this
@MALUSE (69413)
• Germany
4 Jul 18
I haven't followed your case attentively. It's too complicated for me.
Does the manager have to pay the money out of his own pockets? I don't think so. If the sum of money doesn't make him poor personally, then stick to it.
Btw, what does 'beechey' mean? It's not in the dictionary.
1 person likes this
@vandana7 (98787)
• India
4 Jul 18
It is distorted version of a bad word b itchy. Sorry.
He has to pay out of his pockets ..well not alone. There are four or five bank officials involved. So together they have to pay that much.
But correspondingly, my property does lose some value. I had given very favorable terms to them earlier, but their panel advocate guided them wrong.
Earlier bank used to pay, but recent amendment has officials paying from their pockets.
My loss would be to the tune of 500000 INR. But no court in the country would give me that because it cannot be proved. It is like a property adjacent to mine has to be sold, and its consideration recorded. Next, my property be sold, and its value be recorded.
People here usually record sales as half values to escape registration charges. Finding a buyer willing to record it at full value may take ages. Therefore, loss will be difficult to prove, though sale consideration may be verbally spoken about.
Courts need evidence, and since that is missing, they give something that they feel is reasonable. I am willing to absorb the loss as I have no intention of selling that house. What happens after my lifetime does not concern me as much. This case papers are the evidence.
1 person likes this
@vandana7 (98787)
• India
4 Jul 18
@MALUSE Actually, if I live in that, ten years, even with laws of adverse possession, it becomes mine. So I can manage that...I think. Or gift it to my dad. Something can be done to mitigate that loss. In fact, I had suggested that I gift it to dad, and they send an official to witness it, and gift deed clearly mentions that. There are precedents to that effect. But their advocate said no and they did not think I would take them to court.
The whole issue came because they were leaving absolutely not even a single WRITTEN evidence in my hand. That means they could deny it in future. That was not acceptable to me.
Now...I do feel sorry for the officials. But then, they had not apologized even. Declared me as a liar (I am told that is how cases are fought).
The new banking laws that have recently come make banks recover the monies from officials to pay for such things. That must have come as a blow to the officials because they expected bank to foot the bill.
@vandana7 (98787)
• India
4 Jul 18
Thank you so much Hanni. Actually I am fine with lower amount. Their admission in the counter and other documents is itself a proof that the document page is lost at their end. That was sufficient. I think the bankers got wrong advice from their panel advocate. They would have been better behaved more apologetic, and amenable to my simple suggestions, which would not have cost them more than 10000 overall.
1 person likes this
@responsiveme (22926)
• India
4 Jul 18
You are doing what you feel is right and you have it in you to continue...I wish you get the full amount of 175 000
1 person likes this
@vandana7 (98787)
• India
5 Jul 18
@responsiveme When I think that the concerned official draws only 45000 per month, my heart aches. Even with a working wife and home, it can still be tough going, especially if you have responsibility of kids and family elders. I am seriously considering revising it downwards. Uncles are saying no. Let them come up with counter offer. But I am ok with 150000 offer, dropping it down to 125000 with negotiations. I know the bank manager would have the last laugh, getting away accusing me of a bunch of lies, but it aches to think that the person who does the work would suffer the most, after all, they only make mistakes, right?
@vandana7 (98787)
• India
4 Jul 18
Before PNB thing, bankers were not liable for much. But after the debacle new rules have come in place. Based on that, the monies will be recovered from salaries of the concerned bank officials. It is one thing to reduce profits of a bank. It is another thing to take from another person's salary. My dilemma is also because I can manage to surface from this, and in fact, I had given them olive branch, which is what took my time from December 2016 to October 2017. They just got wrong advise from their advocate. Mistakes happen. Even I have made some during my working life. But people are apologetic about them, not arrogant about them. That stance is really annoying.
1 person likes this
@responsiveme (22926)
• India
4 Jul 18
@vandana7 true, if they cannot apologize they have to bear the consequences
1 person likes this
@GardenGerty (157546)
• United States
6 Jul 18
I think you did right, asking for more, so that you can be satisfied to come down to what you honestly want. I hate having to ask for what is owed to me as well.
1 person likes this
@vandana7 (98787)
• India
6 Jul 18
It is a sad thing. But as I was thinking. 10 years down the lane, running around bank to confirm whether they did issue the letter would be mission impossible. That is why we have opted for the present scenario of compromise. Just that the presence of that man has me feeling like getting even for those lies. LOL
@vandana7 (98787)
• India
4 Jul 18
Gee thanks...yeah...today did not seem the right day to bring it down. Had I offered 150000 he would have tried for 125000. LOL. That would not cover my taxes..and expenses. So I guess, I did good. I wish it felt good...I mean, it should have come with some pleasantness. The guy too should have felt, yeah...when compared to court this is definitely better. Don't know.
1 person likes this
@vandana7 (98787)
• India
4 Jul 18
@AKRao24 Actually, I am feeling sorry for the banker now. He got wrong counseling. The shrewd advocate knew that there is no way out of this. Yet, he told them not to do many things which he has agreed to today. Instead of helping them out the way he did today, he got them into soup.
1 person likes this
