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ADVICE/GUIDANCE TO FILE "PUBLIC INTEREST LITIGATION

(Querist) 19 July 2008 This query is : Resolved 
HI,

I NEED SOME ADVICE/GUIDANCE TO FILE "PUBLIC INTEREST LITIGATION" IN Supreme Court OF INDIA.

I WANT TO FILE A PIL FOR SAVE ALL CREDIT CARD,PERSONAL LOAN HOLDER FROM VARIOUS BANKS.BANKS FILE CRIMINAL CASES ON THEIR SO CALLED DEFAULTER "NOT ABLE TO PAY THEIR DUES ON TIME ANY REASON" AS TOOL OF THREATEN THEM FOR RECOVERY OF MONEY AND USE THEIR MONEY AND POWER TO GET NBW IN FIRST INSTANCE AGAINST THERE DEFAULTER AND THIRTEEN THEM MAKE MONEY PAYMENT OR OTHERWISE GO JAIL.THEY FILES CASE U/S 406,420,407.......IN MANY CASES AND MOST TIME THEY FILE CASES FROM SO FAR FROM PERSON LIVED AND ITS ONLY FOR PERSONAE MAKING DEFAULT TO DEFEND THERE SELF AND MAKE PAYMENT ON BANKS TERM AND CONDITION.SO CAN I FILE "PIL" TO STOP ALL THIS KIND OF CRIMINAL CASES FROM BANKS TO THERE SO CALLED DEFAULTERS.....AS RECOVERY OF MONEY IS A CIVIL MATTER NOT A CRIMINAL ONE.



PLEASE ADVICE ME,HOW CAN I PROSES FOR THIS...ANY CHARGE I NEED TO PAY.

Mukul Aggarwal (Expert) 19 July 2008
Very Good Thought and effort....this is a genuine reason for which PIL is mainatainable and there is a recent madras high court ruling which says that banks can't file the criminal cases for the recovery of money...........
lawyers friend (Querist) 19 July 2008
sir how can i do this....what kind of proof i need....any good lawyer of Supreme Court.
Guest (Expert) 19 July 2008
Vikas Bansal,

I feel that interested parties cannot file PIL. You have serious indifferences against credit card companies. In your earlier queries, you have mentioned that the companies harass you and all other such thing. When you enter into contract you have to abide by the rules or covenants of contract. Having failed to keep them, and aggrieved by their performance or enforment of the contract, you cannot litigate. There are many forums to protect the credit card holders, you can give your thoughts to them to make a move.
lawyers friend (Querist) 19 July 2008
YES YOU RIGHT SIR......BUT IF MY FRIND OR ANY LAWYER CAN DO THIS.....AND I ALSO WANT TO KNOW THIS PIL THING IS MAINATAINABLE OR NOT SIR....ANY OTHER THING I NEED TO THIS.
Mukul Aggarwal (Expert) 19 July 2008
The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
_______-

Keep off civil disputes, HC tells police





Check this ruling of Madras High Court....


It Will Only Result In Huge Pendency Of Cases: Judge




A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008




Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.



CURBING ABUSE



Magistrates asked not to entertain private complaints



Police not to register criminal cases in such complaints



Erring magistrates warned of stringent action



HC registrar asked to compile statistics on number of private complaints



Also asked to report on the orders passed by the magistrates concerned



Banks using police to harass defaulters: HC
lawyers friend (Querist) 19 July 2008
thanks for that........how can u help me if i can add some more point or issue to this "pil"......AN ONE GOOD LAWYER FOR THIS.I THINK THIS IS HELP MILLION OF CREDIT CARD HOLDERS AND PERSONAL LOAN HOLDERS
Prof. Dr. Amaresh Kumar (Expert) 20 July 2008
Credit Card is a meanese though a facility. The Banks employee usage the NPA as a means of additional income on the basis of the agreement.

Since it is an agreement between the customer and bank.The recovery process has to be as per the deed.

So can you supply me complete documents you had signed at the time of applying for the Credit Card?
Wheather you have used the facility of the Credit Card ?
Whether the bank has issued the statement for payment in time ?
Whether you had been defaulter for the payment in time?

The Criminal Process is also legal, how ever the court has only resorted that bank can not use musleman as recovery agent.

In case you are the user of the Credit Card you can not agitate the matter in PIL and you are adviced to make the payment as soon as possible for the part of credit used by you.
lawyers friend (Querist) 20 July 2008
sir,
as per my knowledge recovery of money is civil matter not a criminal one and banks use this as tool of recover amount of there dues...if we see 98% criminal cases filed by banks has withdrawn by banks after satelment.......
ESTHERPRIYA (Expert) 31 July 2008
Hello sirs,

I like to say my point in this issue. My point of argument is that the recovery of money except cheque issued for a valid consideration and where the liability to honour is there then it amounts to criminal prosecution. Most of the banks resort to the practice of recovering the amount by approaching the criminal court to cause mental duress to their customers and by which the customer will be forced to pay all the due amount. Only those aware of law move to the High COurt for quashing and stay of the criminal proceeding in lower court. The others who are not aware of it will spend lots of money to lawyer and bank by settling part. This is the usual practice prevalent now.

So you can file a PIL against the procedure followed by them. When a loan amount or instalment is not paid they are obligated to issue notice and wait for 3 months and give sufficient time for them to respond in case the family is is serious trouble then it can extend the time by an authorisation and in case of continuous failure to repay and intentional dishonour to make the instalments paid. They the bank authorities can move to criminal court or civil court is the issue which has to be decided by the Hon'ble Judges. But i mostly incline towards criminal courts as they are speedier and in case of civil court they can file a money suit.


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