Credit Card Related

Guest (Querist) 17 June 2010 This query is : Resolved
Credit card due is 7 years old. Since 2003 there is no transaction and it has been blocked. (Outstanding amount 25000/- original).
In the begining the recovery agents started harrassing and the card holder filed a criminal complaint case against the recovery agency. Then they stopped visiting home and committing nuisance.
Now since last month they again started sending recovery agents and causing huge harrashment.
If I am not wrong the debt is time barred and bank can not file civil suit to recover the money.(please correct me if this view is wrong)
The question is,
If the card holder now file a consumer case against the bank for mental agony and praying for compensation, whether bank can ask the money in w/v as a counter claim?
Whether court can orer to pay the due first?
Senior's opinion needed..
Thanks in advance..

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Devajyoti Barman (Expert) 17 June 2010
Yes the consumer can file a complaint before the Consumer Forum but if the debt has become time barred in the meantime they can not make any counter claim.

Guest (Querist) 18 June 2010
Dear Devajyoti, what is your opinion in this case? Whether the debt is time barred or not?

Pankaj Kundra (Expert) 18 June 2010
if the complainant knows that he owes 25000 to the bank why does he not settle the claim .. such people should not be helped ..

Guest (Querist) 18 June 2010
Dear Pankaj... We the lawyers have no right to presume that the client is willful defaulter...If your thinking is correct then no lawyers should appear for an accused.
Life always does not go smooth. Defaulting a loan is for that reason is not made an offence under IPC. Just think if any govt defaults and unable to pay the salaries in an extreme situation of financial break down.. then there will be a sereise of defaults. In this way repaying debt depends upon several things related to economy.
A man who lost everything and having nothing in his hand.. How can he repay the debt and settle?
Please tell me if there is any possibility.. I will advice my client in line with you advice or opinion..

Guest (Querist) 18 June 2010
..

Pankaj Kundra (Expert) 19 June 2010
Dear Mr Chanda I by no way following any presumptions .. i just asked a simple question .. the complainant agrees that he had Rs 25000 outstanding and that too 7 years ago .. Sir do you understand that the bank uses the money of the common folk to advance loans to people and that if everyone continues to default what will happen to the banks....7 years is a long time sir and if by misfortune he lost everything 7 years ago .. i wish and hope that he would have been settled now, why instead of going to lawyers he does not settle his loans..He should go for one time settlement or if one time is not feasible then he should ask for installments.... if the bank does not agree to that and still harasses your client then you should help... Also settling the loan would help your client as his name would not figure in the badcredit histoy listin CIBIL
Regards Pankaj

Pankaj Kundra (Expert) 19 June 2010
PS these are my pesonal views .. you know the true facts of the case hence pls advice your client what you feel is the best fr him

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