Sunil
11 June 2017 at 00:08
I took a two wheeler loan in the year 2013 under EMI for tenure of 24 months. As i fell sick I was unable to pay my last 4 dues. Now i would like to close my dues. I contacted the finance company and they said that they had sold my documents to a private party and I will have to settle the due with them only. After gathering this information I contacted the private party. He said that the pending EMI's, bank charges, interest, etc totally amount to around Rs.12000/-. He said that after waiving off the bank charges and interest I will have to Pay around Rs.8000 and after settling Rs.8000 he will issue the NOC.
I would like to know that Is it legal to settle the pending dues with the private party instead of the finance company. If I settle the pending dues with the private party, will it be made accountable? As the finance company has written off the loan Will the amount to be paid stand legal for issuing NOC and who will issue the NOC and will it get updated in the Cibil?
Please help me out with proper and clear suggestion.
Mrs.Ramya.K
10 June 2017 at 23:32
My known lady working in South Central Railway,Secunderabad as contract worker(housekeeping). She is working for the Past 5 years. Her nature of duties is to clean Platform. She is working in biggest Organisation India, not having ESI & PF. But contractor is deducting PF & ESI from Her salary. But still not received any PF number and ESI Card. If she asks them they are giving warning to her. Even railway officials are not enquiring about this. even she is not receiving salary in time(every month 20th).
My question is to whom she give complaint? pl give me your advise. so that 500 people will get justice.
karan gowda
10 June 2017 at 20:42
Please do advise whether petition can b filed at trial stage or have to wait until judgement.
I filed a case against builder in district forum for not giving possession within due time. Cost of the flat was 34 lacs. I paid rs. 17 lacs. Terms were payment of interest @ 15% on amount deposited till possession. After 2 years neither he paid agreed interest, nor started construction. When we asked for interest and possession, he demanded balance rs. 17 lacs otherwise to cancel the allotment. Besides filing of FIR by me, I also filed consumer case in district forum. The relief sought were 1. To order to builder to provide possession at earliest. 2. To order to builder to pay agreed interest , 3. To pay compensation of rs. 20 lacs. My query is whether my case falls within the jurisdiction of district forum, which had jurisdiction upto 20 lacs only. And if not, whether I should request court to transfer my case to state commission. Is it advisable. Please help experts.
I girl has applied for admission to two colleges in Kolkata, one of which has completed its admission procedure and will be putting up its list of successful candidates shortly. The other college will start the procedure in another 20 days. The girl if successful has to get admitted to the first college or else she loses her seat but her preference is the second college. She is a brilliant student so its sure she would be successful for admission in both colleges. If she gets admitted in the first and pays her fees but then decides to study in the second college can she get her fees back from the first. I faintly remember a court order in this regard. I may be wrong too. Please advise.
rakhi
10 June 2017 at 19:33
Sir on 8-6-2017 my car met accident with motorbike .my car's speed is 70 kmp ,and the bike rider may be at 80 kmp . bike rider got injury ,he has fracture in hand and other two members with him is in "ok" condition . my car has damage also ,now i am ready to file FIR ,but that party is forcing me to compromise though that accident is not by my mistake only .i already paid his hospital i.e city scan ,blood test ,x-ray,medicine etc. bills now he is forcing me to pay his room bills also . which is near about 25,000 rs and demanding in lakhs .he has no motorbike insurance .sir, i already paid near about 20,000 rs.Sir ,what to do now ? police is also favoring that party and they told me to compromise but i am not guilty and ready to file FIR ,i told the police to investigate but they are also denying to file FIR.,please help
Vikas Sharma
10 June 2017 at 17:47
Sir, I am working in a private company from last 7 years. Our law says that the working time should be 8 hours a day. But we have to work for 12 hours without any incentives. We are not getting any national and state holiday. Weather it is 26th January or 15 August. And in return we get nothing. I want to know, where and how to complain ? In our state everybody knows that what's happening in the industries. Even our industrial minister, labour commissioner and even chief minister. How we get justice ?
Sid
10 June 2017 at 16:42
My sister is married in the year 2014 (arranged marriage) and has a 9 month old daughter. Within few days after her marriage, her husband, without her consent and knowledge, sold all her stridhan given by our parents stating that he had to clear loan taken for marriage. Thus, she has left no stridhan, except those received from in-laws in marriage including 1 small malgalsutra & 4 small items i.e. finger ring, bindiya, payal & challa. Her husband is normally alright with her, unless he drinks and comes home late night after work. When drunk, he abuses & beats her saying that she has not brought much in marriage from her parents. Her main problem is her mother-in-law's behaviour towards her. Her mother-in-law & sister-in-law are fair and beautiful, whereas my sister & her daughter are dark in complexion. Her mother-in-law daily, constantly abuses & insults for not being fair & beautiful and for not bringing much in marriage. Not only that she pulls my sister by her hair, beats her and uses filthy language towards my sister. She constantly keeps on quarreling with my sister.
Recently, my sister’s mother-in-law started quarrel with my sister and gave her filthy names and asked her to leave the house. Her husband was at work. My sister therefore picked up her daughter. However, the mother-in-law asked her to leave without her daughter. So my sister came to our parents’. Then she called her husband and narrated the incidence, upon which he started abusing her and said she must only have said / done something to upset his mother. Next day, he brought their daughter to my sister at our parents’ place and told her to stay there for few days and then he will take them back home after all is settled peacefully. After two days, he called up & told that he and his mother don’t want to take them back and disconnected the phone. After two more days, my sister received a legal notice for restitution of conjugal rights and calling her to return home within seven days. We all were shocked to read the allegations in the notice, saying that my sister has been abusing and torturing her husband and his mother.
My sister wishes to stay with her husband with love and peace. She does not want to make any hue and cry or any issue out of all her sufferings. This is the only reason that she has not yet approached the police, nor has she revealed anything to anyone.
We seek your guidance as to what can be done and what we can do to send her to her husband peacefully.
Thank You.
Illegal and criminal extortion of money (sbt now sbi)
We had availed a loan of Rs. 22 Lakhs from SBT (SBI), Kerala in December 2009 repayable with an interest rate of 13.25% per annum for a period of 5 years (60 instalments), last of which was paid in November 2014.
After 3 months, we asked for loan closure certificate from the Bank. To our surprise, the bank started demanding Rs.3.56 Lakhs from us saying it was due from us. We repeatedly asked them as to how this big amount is due from us. The Bank could not give any satisfactory reply to us. They went on demanding huge amount by issuing threatening property confiscation notices. So, we filed a complaint against the Bank with the Banking ombudsman, Trivandrum. The said Ombudsman asked the bank to recalculate our account and on recalculation, the Bank returned the excess amount of around Rs. 19,387/- recovered from us to our Loan account as they say (They are supposed to credit the amount to our savings account but instead chose to credit into the loan account). Inspite of all this, the Bank went on demanding huge amounts defying Banking ombudsman. I had appealed to Banking Ombudsman again to enforce their decision. They gave us reply expressing their inability to help us in this matter. If they cannot enforce their decision, what is the necessity of such an institution? The Bank defied the orders of the ombudsman and declared the loan as NPA (Non-performing Asset) in the latter half of 2015 and applied SARFAESI ACT on us and issued confiscation notice on our property. The said Act can be applied only if there is default of instalments for a long time. In this case, they have resorted to SARFAESI ACT after ALL the instalments have been paid. This is nothing but criminal extortion of money.
We have another housing loan and we are paying all the instalments regularly on their own admission. They have even declared this loan as NPA and clubbed it together.
Being aggrieved we approached the honourable high court, EKM for redressal of our grievance.
I am regretted to say that the Honourable High Court has advised us to seek other ways of remedies to settle the issue. They did not dismiss the case but merely advised us to seek other remedies.
Monthly instalments of Suvidha loan actually comes to only Rs. 50,400/- per month. We have paid Rupees Thirty Lakhs and ninety-six thousand (Total) and dues comes to only Rupees Thirty Lakh and Twenty-Four Thousand (Total). We have paid an excess amount of Rupees Seventy-Two Thousand as is seen from statement of accounts. In addition to this, they have resorted to Publication in a newspaper threatening us of confiscation of our property thereby defaming us unnecessarily among our natives, relatives and friends.
I am a poor widow and living alone and struggle to survive with a small amount of money that my daughter sends me. We are all unnecessarily tortured by the bank and are under constant threat, tension and worries. I am frequently hospitalised for treatment due to all this mental pressure. The Bank at any time might take illegal steps and resort to confiscation of my small plot of land and house.
I have calculated the total amount that I have paid to the Bank from the account statement supplied by the Bank. I can provide the copy of Bank account statement and also my calculation as per account statement of the Bank. The monthly instalment actually comes to Rs. 50,400/- only. Hence the total amount due to the Bank is only
Rs. 30, 24000/-. It is seen as I have stated earlier that I have paid Rs.72,000 more than required. They are illegally applying SARFAESI ACT which is NOT applicable in this case because the LOAN NEVER EXISTED after November 2014.
We possess Evidence of all the Bank statements and other Banking documents, Including Ombudsman order.
Please advise of the following:
1) How to proceed under CrPC 383 and to stop the Bank from proceeding under illegal Application of SARFAESI ACT?
2) How to file defamation case against the Bank for SARFAESI ACT Publication in the newspaper?