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HARSH SHARMA (SERVICE)     26 July 2012

How to recover fixed deposit principal

My father had kept a Fixed Deposit of 2 lacs in XYZ pvt. ltd company. My father passed away last year.

Now, the FD's have matured, but the promoter is refusing to give the principal amount back saying that his financial conditions are bad. He agreed to give the above amount in a monthly installment of Rs. 5000/- for which i agreed (this was a verbal agreement). Now, even these cheques of Rs. 5000/- get bounced due to lack of funds in his a/c.
Please advise on my below doubts :
1) what kind of complaint can / should i lodge - Civil / Criminal ?
2) What is the procedure to lodge the required complaint ?
3) Knowing the long time that cases in India take to come to conclusion, can i really expect to get my money back by going to courts ? (or will it only be ---tareek pey tareek--- ????)
 



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 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     27 July 2012

 Is there any nomination done in respect of the FD? Complete all the heirship/succession cert. etc things first. Consult some lawyer and issue notice to the company, if the company does not repay, then file a complaint in the consumer forum.  And yes, court matter do take some time as everything has to be done by prescribed procedure, and you cannot expect results in one day of filing the case. Whether you will get the money back or will get tareek pe tareek will depend upon how vigilantly your advocate persue with the case and also upon the work load on the court.


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