The Money Lending Act was enacted to recover defaulted loans
of banks. The peculiarity of this Act is that it is a special law and its
supremacy over any other law, that is, if any dispute arises with any other
law, the Money Lending Court Act, 2003, the Money Lending Act shall prevail.
The relevant provisions of the Civil Procedure Code shall apply to the trial of
any case filed under this Act, unless it is inconsistent with the provisions of
this Act. The loan case has to be filed by submitting RG along with affidavit.
The affidavit has to be submitted at the time of submission of reply by the
respondent. In case of unilateral or immediate disposal of a case, the court
may issue a judgment or order without examining any witness only by examining
such affidavit RG or written reply and the relevant documentary evidence. The
practical aspects of finance law should be discussed as well as its
compatibility with reality. Usually the defendant in this case wants time to
appear. No one responds beyond the time prescribed by law, while others submit
replies in name only. Missing again during the final hearing. As a result, most
of the loan cases are settled unilaterally. Due to the low rate of litigation
in the competition, the judges concentrated on the settlement of unilateral
loan cases and money laundering cases. Because judges have an obligation to
settle cases. Discussions with different classes of officials of different
banks have shown that the customers of the bank i.e. the borrowers are usually
upper class, upper middle class and middle class people. The lower middle class
or lower middle class is not usually a bank customer or borrower. This does not
mean that lower middle class and lower middle class people do not need loans.
The lower middle class and lower class people of Bangladesh are usually afraid
to cross the boundaries of the front door of the bank. Moreover, they do not
want to get into trouble. They basically go to the usurious moneylender in need
of money. People who usually go to the bank are quite aware and knowledgeable
about the transactions and activities of the bank. When a customer comes for a
loan in banking activities, he has to go to any one desk. The desk officer had
a preliminary discussion with him. He explained the issues related to debt
well. Later, if the negotiations are satisfactory, the loan is sanctioned with
the permission of the higher authority. But the concerned desk officer is officially
responsible for that loan. It is to be noted that most of the banks in
Bangladesh (especially private banks) have targets in collecting deposits and
disbursing loans to their officials. If a borrower defaults, the desk officer
is responsible first. He requested the customer to repay the loan at different
times by phone and letter. The bank was helpless and filed a case in the
finance court as a last resort. It is learned that the bank has discussed the
matter with the officials at different levels in a very discouraging manner.
Because the cost of the case and the consequences of debt collection are
disappointing. Financial institutions have some shortcomings when it comes to
lending. First of all, all the forms related to lending of financial institution
such as loan agreement form, personal guarantee form etc. are written in
English. In this case, the borrower should have a choice. The language of law
is complex and the language of such agreements is also complex. By deciphering
on behalf of the general customer, it is not possible to conclude the contract
by understanding the legal issues. In this case, all loan related forms should
be in Bengali and English and customer preference should prevail. There are
some unscrupulous officials in the financial institutions who often lie to the
customers, creating loans with signatures in various forms. They should have
exemplary punishment.
In most cases summons are not issued properly after the loan
case has been filed. However, the defaulter already knows the subject of the
case. This is because the customer is contacted more than once by phone or
letter from the bank. And there is a set time for filing a case. If the case is
filed after the specified time, it is barred by the limitation. As there was an
opportunity to issue summons through newspapers, court employees and a class of
bank officials became more interested in issuing summons notices through
newspapers at the behest of newspaper commissions. An investigation by the
Dhaka District Judge's Court found that some employees were always interested
in working in the finance court and had been working in the finance court for a
long time. Besides, a class of mafia has formed around the Dhaka Finance and
Credit Court. As a result, it is seen that the advertisements of the finance
court are getting a few newspapers. Advertisements are being published in some
well-known court-centric newspapers of Dhaka. Because the commission is higher
in these newspapers. One or two finance court judges have been harassed,
harassed and slandered by the mafia for interfering in these matters.
Some decisions need to be made to make the finance law
effective and up-to-date. First, all bank accounts should be brought online and
linked to Bangladesh Bank. As soon as an account is opened, the customer will
get a separate number from Bangladesh Bank. A Bangladesh Bank ID may be in the
name of the customer who deposited one lakh rupees at the initial stage. Later
its coverage can be increased. A customer or organization may have multiple
bank accounts. But Bangladesh Bank ID will be the same. An ID of Bangladesh
Bank will have all the account details. In this case Bangladesh Bank will open
a cell and will be connected with all scheduled banks. If the customer defaults
on a loan from one bank and has money in the other, it will have the
opportunity to coordinate with the mediation of Bangladesh Bank or the
opportunity to take a loan from another bank will be eliminated. However, the
activities of this cell of Bangladesh Bank have to be done with utmost
confidentiality and fidelity. Second, the minimum interest rate on the
customer's account and the highest interest rate on the loan account should be
the same for all financial institutions. The deadline for reconciling loan
accounts and customer accounts should be the same. Although the loan is
provided at annual interest rate, the loan account is adjusted for 3
consecutive months. The customer's account is adjusted after 6 months, which is
unwelcome.
In case of loan, one check is taken from the customer
against the amount of money in each installment and one against the amount of
full loan amount. Ordinary customers have to face litigation lawsuits under the
Money Lending Court Act and check dishonor cases under the NI Act against the same
loan. By amending the law, the case of debt and check dishonor arising against
a loan should be brought to trial in the same court. In this way, the customer
does not have to face multiple cases against the same loan. The courts will get
some relief from litigation. For this, amendment of Finance Court Act 2003 is
required.
The 'judge' of the finance court may exercise certain
criminal powers (first class magistrate). There is a provision of civil
imprisonment in money laundering cases. The court can sentence civil
imprisonment up to 6 months. It is learned that the court has given
imprisonment in the money laundering case and then Daik has reached a
compromise with the financial institution and Daik has paid all the dues. The
money laundering case can be settled amicably. But the court has not been
empowered by law to revoke the civil sentence. The law needs to be amended in
this regard as well.
According to many, finance court law is a strict law. Just
as there is a tendency among people to disobey the law, so there is a law for
human beings. That is why the use of law must be humane. Similarly, awareness
is needed to create law-abiding tendency among the people. Just as it is
difficult to prevent large borrowers from getting out through misapplication of
the law, it is important to take steps to ensure that small borrowers do not
fall victim to injustice. Let the practical aspect of the law be like that.