On social media Mrs Vinothini Vijekumar has been giving statements to the press accusing HNB for misleading them and auctioning their property. Mrs Vinothini Vijekumar and husband have been customers of HNB PLC at Kundasale Branch. The said facilities had been granted from Hatton National Bank in 2013. Since 2017, Vinothani Vijayakumar had defaulted on their facilities provided by HNB.
The Bank had entered into negotiations with her to resolve the issue . She had not agreed to any settlement plan. However, she had agreed with the Banking Ombudsman that she will settle the facilities and requested more time. HNB had agreed to the request having informed CBSL. She had failed to settle the loans instead started a campaign to discredit the Bank through various sources. The Bank proceeded to take steps to auction the property mortgaged as security in 2018 after adopting the relevant resolutions.
However, Mrs. Vinothani Vijayakumar proceeded to litigate to prevent the Bank auctioning the property at various courts, including (i) Commercial High Court of Colombo (Case No 592/18/MR), (ii) District Court of Teldeniya (Case No. SPL/65/19) and (iii) Civil Appellate Court – Kandy (Case No. CP/HCCA/LA/50/2019).
The parties failed to obtain any injunctions against the Bank. Since there were no court orders preventing the bank from auctioning the property as at 12th January. HNB proceeded to auction the property on the 12th January – nearly 4 years after the said default.Before the auction, a further period of one year was given from 30th December 2019 for them to submit a settlement plan which they didn’t even do up to 12th January 2021. Bank’s are expected to manage risk of loss arising from a borrower who does not make payments as promised. This they owe to their depositors.
Mrs Vinothini Vijekumar should have known that a loan once taken has to be repaid , she surely would have known this prior taking the loan.