Notice To Arbitrate

Date: 13/08/2023

To,

Aditya Birla Finance Limited

Principal Nodal Officer
Shruti Sarraf
08045860196
grievance.finance@adityabirlacapital.com

Aditya Birla Capital Limited

Nodal Officer South
Saravana Kumar
abfl.nodalofficersouth@adityabirlacapital.com

Aditya Birla Capital Limited

Jitendra Bhati
Chief compliance officer
care.finance@adityabirlacapital.com
One World Centre, Tower 1, 18th Floor,
Jupiter Mill Compound, 841, S B Marg,
Elphinstone Road, Mumbai – 400013.

Dear Sir/Madam,

1. My client Mr. Kammari Kiran Kumar , permanent R/oBiseshwar Ashram, Akbarpur,

Ambedkar Nagar – 224122, availed restructured Salaried Personal Loan (No.
63429931; Customer Id: 40695482)from Aditya Birla Finance Limited. Copy of the
Most Important Terms and Conditions (MTIC) of Aditya Birla Finance Limitedhas been
attached herein as ANNEXURE ‘A’.

2. I am writing to officially inform you of intent of my client to pursue arbitration to resolve

a dispute between himself and Aditya Birla Finance LimitedLimited, in accordance with
the provisions of the Arbitration and Conciliation Act, 1996.
3. I am writing this notice to express my deep concern regarding: the persistent no response
to legitimate requests of my client; maintain of false cases by the bank against him; as
well as past harassment and misconduct exhibited by the recovery agent of Aditya Birla
Finance Limited,stating he is manager of Medak branch,contact number-
 9345343095 on October 3, 2023in their attempts to recover the outstanding loan amount
from my client. Despite his efforts to communicate my situation and request, the
irresponsible conduct by the bank has been causing severe distress and mental anguish to
my client.On behalf of my client,I urge you to take immediate action to rectify this
matter.
4. The following points highlight the troubling behavior and disregard for my requests:

1) . Communication Mismanagement: Mr. Kammari Kiran Kumar has faced continuous

issues with communication from Aditya Birla Finance Limited. There have been
instances of miscommunication regarding his loan account, leading to unwarranted visits
and calls from bank representatives. Despite his attempts to rectify these issues, they
persist, causing him emotional distress and inconvenience.
2) Harassment: The repeated visits by Aditya Birla Finance Limited representatives to Mr.
Kammari Kiran Kumar's residence have not only disrupted his daily life but have also
caused significant mental anguish. These visits have occurred without prior notice and
without his consent, violating his privacy and causing embarrassment and adding on to it
said person have also threaten my client and have also called to his friends and family
which had affected my client’s image in society.
3) Violation of Privacy: Aditya Birla Finance Limited's actions, including frequent visits,
and have even have breached Mr. Kammari Kiran Kumar's privacy rights. The bank's
representatives have failed to respect his personal space and boundaries, causing him
discomfort and distress. And have theft his personal contact details and have contacted
my client’s friends and relatives and have disclosed his debt related information which
also leads to breach of the RBI guidelines.
4) Failure to Address Complaints: Despite Mr. Kammari Kiran Kumar's efforts to address
these issues with Aditya Birla Finance Limited through written complaints and phone
calls, there has been no satisfactory resolution. The bank's inaction in addressing his
concerns has only exacerbated the situation.
5) 5. Your representatives,in past,have also violated the general collection obligations by not
following the steps of debt recovery stated in the RBI guidelines. They have caused
immense mental distress. The entire process is intended to cause injury to my reputation
and societal standing when I am neither a criminal nor a habitual offender. I always
informed the bank about every step done by your agents, however, I always received
delayed reply diluting the issue. You are liable to compensate me for the actions of your
agents, which have offended my dignity and damaged my reputation

5. .In Perkins Eastman Architects DPC &Anr. v. HSCC (India) Ltd. (Judgment delivered
on 26.11.2019 in Arbitration Application No. 32 of 2019), it was held by the Hon'ble
Supreme Court that, arbitration clause of the agreement no longer provides you the right
 to appoint a Sole Arbitrator at your bank's discretion. However, it can be seen that in
Terms & Conditions applicable to SPLN it is mentioned that “A sole arbitrator, appointed
by the bank” in Clause Mof the MITC which is as per the above given judgement is
wrong and unlawful.
6. You, the Notice recipient, are required to take note that if you do not provide an
undertaking to resolve the issue legitimately within 15 days and provide compensation of
Rs 1,00,000/-, this notice will be deemed to be treated in accordance with Section 21 of
the Arbitration and Conciliation Act, 1996. Hence, I will be constrained to refer the
disputes in relation to the Agreement for adjudication to a Sole Arbitrator without any
further reference/notice to you.
7. In order to ensure a fair and impartial process, I am requesting the Centre for Alternate
Dispute Resolution Excellence (CADRE) to appoint a sole independent arbitrator from
its panel of arbitrators. The arbitrator will be appointed by CADRE, in accordance with
the process determined by CADRE Rules as per the Arbitration and Conciliation Act,
1996, and shall have no direct or indirect relationship with you or be disqualified in any
manner. The seat of such arbitration shall be as per the agreement. Once the arbitration
begins, you will be given every opportunity to present your case or file any protests
against the arbitrator. The arbitration proceedings will be conducted online over a video
conference or other communication channels as per your convenience. If you wish to
have the hearings conducted physically, you can contact on 8088416909 or email at
reachus@thecadre.in and inform accordingly.This notice to arbitrate is without
prejudice to my legal rights and contentions. I am also interested in mediating and
arriving at an amicable settlement of this dispute, and I request the CADRE arbitrator to
assist us in mediating the dispute. You are also called upon to participate in this process
for an amicable resolution.

Sincerely,
Mr. Kammari Kiran Kumar

________________________
ANNEXURE ‘A’- Most Important Terms and Conditions (MITC)