Rammohan (Software) 23 May 2015

Refund of matured fixed deposit

All,

I had a fixed deposit matured on Nov 2014 in one of the leading corporates. They have defaulted and not paying the amount as promised. They were paying to some of the depositors in a random way. I heard that some of those sent a legal notice and hence got the money. Request you to know how i can send legal notice for my matured FD.

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 24 May 2015

Collection of Deposits by Companies is governed by Companies (Acceptance of Deposits) Rules, 1975 modified from time to time.

Every company to which these Rules apply, shall on or before the 30th day of June,

of every year, file with the Registrar, areturn in the form annexed to these rulesand furnishing the information containedtherein as on the 31st day of March ofthat year duly certified by the Auditor of the Company. A copy of the return shall also be simultaneously furnished to the Reserve Bank

of India.

The rules governing collection of Deposits by Companies are governed by Companies (Acceptance of Deposits) Rules, 1975 modified from time to time. In terms of these rules, following is the position:

If a company or any other person contravenes an provision of these rules for whichno punishment is provided in the Act,the company and every officer of the company who is in default or such other person shall be punishable with fine whichmay extend to five hundred rupees and where the contravention is a continuingone, with a further fine which may extend

to fifty rupees for every day after the first, during which the contravention continues.

Complaint under section 58AAA(2) The regional director of the Department of Company Affairs shall be authorizedofficer to make complaints under sub-section (2) of section 58AAA of the Act.

Accordingly, you may send a complaint to the Regional director of the Department of Company Affairs where the Company is situated. Copy of the complaint may be sent to Reserve Bank of India Central Office, Fort, Mumbai.

To start with the above action and if no response is coming, you may have to consult a local Lawyer and give him all the facts and details so that a legal notice can be sent to the Chairman of the Company with a copy to the Ministry of company affairs and RBI.

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advocate nitin kumar (lawyer) 24 May 2015

legal notice is sent by lawyers on the behalf of their clients.

so contact your local lawyer for this purpose,,only lawyes can send the legal notice to the other parties not the individual person. it has to be on the letter head of the advocate.

it looks like this....i am pasting a performa for the cheque bounce from my records.....

REGISTERED A.D./SPEED POST

Date:-15/05/2015

Mr. ------------

ADDRESS------

SUBJECT: LEGAL NOTICE U/S 138/142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED UPTO DATE (READ WITH SECTION 420 OF INDIAN PENAL CODE)

MY CLIENT: MANOHAR FILAMENT PVT. LTD. B – 59 G.T.KARNAL ROAD INDUSTRIAL AREA, DELHI - 110033, THROUGH ITS DIRECTOR

Under instructions and on behalf of my above mentioned client, I hereby serve upon you the legal notice, contents whereof as:-

1. That my client inter-alia engaged in the business of manufacturing and selling of garment accessories in different corner of the country and abroad.

2. That my client has been supplying the garments to you, the addressee and raise bills/invoices for the same. My client is also maintaining the proper accounts for the transactions entered into between you and my client.

3. That in discharge of liability you,the addressee had issued cheque bearing No.641279 dated 29/03/2015 for a sum of Rs.39,441/- (Thirty Nine Thousand Four Hundred and Fourty One Only) drawn on State Bank of India, Ring Road Branch, Lajpat Nagar 4, New Delhi – 110024 in favour of my client. You have issued the said cheque with the assurance that the same shall be honored on its presentation.

4. That accordingly, my client presented the said cheque with its banker i.e. Kotak Mahindra Bank Ltd. Regional Collection Centre, New Delhi for encashment, but to the utter shock and surprise of my client, the aforesaid cheque was dishonored and returned unpaid with the bank remarks “FUNDS INSUFFICIENT” vide cheque returning memo dated 27/04/2015.

5. That immediately my client contacted you and apprised you about the fate of the cheque and demanded from you the cheque amount, but you was avoiding my client on pretext or the other.

6. That the facts as detailed hereinabove would clearly go to show that you had issued the said cheque with malafide, and dishonest intention as you were well aware of the fact that the said cheque shall not be honored on its presentation, therefore, by this act you have rendered yourself liable not only for the offences committed Under Section 138 of the Negotiable Instruments Act,(as amended upto date) as also under section 420 of the Indian Penal Code or cheating my client under which you shall be liable to be punished with imprisonment for a term which may extend to two years and /or with fine, which may extend to the twice of the amount of the cheque or with both.

I, hereby call upon you to pay a sum of Rs.39,441/- (Thirty Nine Thousand Four Hundred and Fourty One Only) being the amount of dishonored cheque within 15 days from the date of receipt of this notice, failing which my client shall be constrained to take appropriate legal action both civil as well as criminal against you in the competent court of law entirely at your risks, costs as to consequences. My client also reserves its right to recover the total outstanding amount due against you with interest as per the prevailing laws. You are also liable to pay a sum of Rs.5500/- to my client towards the charges of this legal notice.

A copy of this notice retained in my office for further reference /record and appropriate legal action.

(NITIN KUMAR)

ADVOCATE

HOPE THAT WILL HELP YOU

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