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Sachin Gupta (Manager)     01 May 2012

Money lending & physical violence

Dear Experts,

Please refer the below case, Please put your valuable opinions.   Thanks with Regards!

 

My younger Brother was running a cloth shop, business was on his name, shop property is on his name, He is 27 Yrs. Old and not Married. SInce Dec-11 my father started to receive complaints about my younger brother. Complaints were related to borrowed money is not being given back by My Younger Brother. All the claim parties were either new or not been consulted with my father before lending any money to my younger brother. They were also not having any kind of Document proof about money lending.

In a way My younger brother was running his own business and was solely responsible for his all money transactions and hence it applied vice versa to all the people involved with him in any money transaction.

When it all went out of control and my younger brother was too irresponsible my father exempted him from his property & Break Relation in March-12. Please note Father's property is his own and he has not got any from his Parents or Relatives. He Earned all the property by self, All the property is Legal & Either on his name or on my Mother's Name.

Henceforth Borrowers are not Disturbing us, but recently we got a notice from Mr. X claiming that he has paid College Fees of my sister in 2011. He is saying he has Acknowledgment Receipt of DD with his sign, DD was paid to College. Though Our neighbour claim that she has seen my Brother during handling the money to Mr. X for the college Fee. DD is made by cash only. To make his case strong he has also put false allegations that My Father, Me & My younger brother were involved in some Physical Violence & Threating to him as when he asked his money back. To scriptt the complete plot Mr. X has mentioned around tweleve Dates between 15.03.2009 till 31-03-2012, These Dates he Has used to describe Incidents like We beat him on a particular date.

1) Please suggest, can a depositor claim that DD is made of his amount as because merely showing his sign on the deposit receipt.

2) Mr. X has mentioned few dates which are easily be termed as false allegation. such as Dates when i am traveling from New Delhi to Lucknow. My father is residing near Bareilly in UP, I am residing in Gurgaon since 2008. Few Dates are also included After Brothers Exmption from the family & property, Since Exemption we have no track of My younger Brother.

3) what more should i do in reply of this notice. Can i also used Broadband BIll, Telephone Bill etc. for showing my presence in Gurgaon, Broadband & Landline is on my name. I am married & settled in Gurgaon. My wife is also working in Gurgaon.

This case is completely fabricated & i have tried my best to give you all the possible information neat & clear. If any more information is required please do ask.

Please suggest what more i should do to make my defense strong. Is there also a way to punish them through court for plotting a false case and harassing us unnecessary.

 



Learning

 2 Replies

R Trivedi (advocate.dma@gmail.com)     01 May 2012

What is the notice about and what action he proposes to take ?

Sachin Gupta (Manager)     01 May 2012

we got a notice from Mr. X claiming that he has paid College Fees of my sister in 2011. He is saying he has Acknowledgment Receipt of DD with his sign, DD was paid to College. Though Our neighbour claim that she has seen my Brother during handling the money to Mr. X for the college Fee. DD is made by cash only. To make his case strong he has also put false allegations that My Father, I & My younger brother were involved in some Physical Violence & Threating to him as when he asked his money back. To scripttt the complete plot Mr. X has mentioned around tweleve Dates between 15.03.2009 till 31-03-2012, These Dates he Has used to describe Incidents like We beat him on a particular date.


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