Criminal/civil action against financer if correspondence with employer
madhu mittal
(Querist) 07 September 2013
This query is : Resolved
NBFC/financer gave a loan of Rs. 100000/- to be repaid in 36 installments by 36 post dated cheques an employee of BSNL, Jaipur on the basis of undertaking given by BSNL that if the cheque of employee/borrower is returned unpaid, the amount of unpaid cheque of installment will be deducted from the salary and sent to NBFC. When the cheques kept on returning, some regd letters were sent to BSNL for deduction of amount of unpaid cheques, but no reply was sent, and in the meantime some installments were also paid by the borrower and this kept on going. But in June 2013, a reply was sent by BSNL that the undertaking was not issued by the department and the concerned employee/borrower was transfered to BSNL, Sikar in January 2013, recovery should be done at your level.
When a registered letter was sent to borrower/employee at Sikar asking whether he has taken loan on forged undertaking, it was got back undelivered marking there is no such sendee by the Post Office Dept. Now two Regd letter was sent to BSNL Jaipur, those were replied telling same thing that Department did not issue the undertaking and this is being denied third time to you. At the same time BSNL Authority on telephone told NBFC that if you further sent letter to us, we will take action against you.
AT the time of giving loan to borrower/employee, the undertaking was not got verified from the department. But on the back of undertaking, it was got written in the handwriting of borrower “ The undertaking is given by Mr. X and Mr. X is authorized to give this undertaking.
Now Please let me know whether if NBFC does further correspondence with the BSNL, Jaipur, whether the department can take any criminal/civil action against NBFC if NBFC further writes to BSNL, Jaipur, “if the undertaking was not issued by your department, you(BSNL) should file FIR for forging undertaking against your employee and copy of that forwarded to NBFC or get deducted the amount and sent to NBFC. Simply denying is not enough.”
Guest
(Expert) 07 September 2013
Ms. Madhu Mittal,
As your profiles presents you as a "Director," so probably, you may be the director of the stated NBFC and you seemed to have presented the problem on behalf of the your company.
However, it may be pointed out to you that nothing can be assumed from the above description to form some definite opinion without examination of case related documents. Leaving aside non-verification of the undertaking at the time of grant of loan, there can be several issues that have to be examined and analysed in proper perspective of the issue, e.g., which authority gave the undertaking on behalf of the BSNL, whether that authority really exists and was empowered to give undertaking on behalf of the BSNL, and whether the NBFC has got the pay slip and Form 16 of the official in its possession or not, if the employee submitted at the time of application for loan, etc., etc.
Further, whether or not and against whom the BSNL should file an FIR or send you money that also depends on examination and analysis of the contents of the case related documents.
So far as your question is concerned, "whether the department can take any criminal/civil action against NBFC if NBFC further writes to BSNL", that depends solely on the nature of contents and language used by the NBFC in its correspondence with the BSNL authorities.
So, it would be better, if you hire services of some expert to analyse the matter in its right perspective. Even otherwise also, the NBFC can well afford to hire services of the consultants.
Rajendra K Goyal
(Expert) 07 September 2013
Well advised by the expert PS Dhingra ji, hire services of local lawyer.
R.K Nanda
(Expert) 07 September 2013
agree with Dhingra G.
R.K Nanda
(Expert) 07 September 2013
agree with Dhingra G.
Raj Kumar Makkad
(Expert) 09 September 2013
No more to add as you have already been adequately advised by Ld. Dhingra G.
madhu mittal
(Querist) 10 September 2013
Respected Sir Makkadji and other learned members of the forum,
There is different opinion on this subject, so please tell me in your view which one is right one.
The advise given by Sh. Dhinga sir is “ that depends solely on the nature of contents and language used by the NBFC in its correspondence with the BSNL authorities.” Means until there is no wrong word used in correspondence, no action either civil/criminal even if there is correspondence.
Here Sir R.k.Nanda ji agreed with Sir Sh. Dhinga ji advice.
But Sir R.k.Nanda ji opines “yes, BSNL can take both actions against NBFC.” query at general forum: http://www.lawyersclubindia.com/forum/Criminal-civil-action-against-financer-if-correspondence-wit-88100.asp#.Ui4r1NKBkXs. And at general Forum Sir Sudhir ji has opinion that “against NBFC by BSNL
nothing they can do. NBFC is only seeking his present whereabouts.”
So please let me know which one is right opinion, if agrees with Sir R.k.Nanda ji opines “yes, BSNL can take both actions against NBFC.” Please also let me know under which provision/section of civil/criminal law.
Agreed with Sh. Dhinga sir, that Even otherwise also, the NBFC can well afford to hire services of the consultants, I write my query here not to save money or not having advise of our local hired lawyers. But an institution like NBFC,however small it may be, has to take not only opinion, but has to act upon it. So whenever, there is a confusion or threat from the other side not to do any right thing, I take help of this forum where I get impartial advice so that what is being done by our company’s behalf is 100% right. Whenever you go to take advise from a local another lawyer’s opinion, Firstly he demands whole file’s case for contesting. Case can be given to only one lawyer, still I want to take advise from more than one lawyer to ensure that what is legal, should not be left only on the basis of fear of some unpleasant action and what is illegal, should not be done for any benefit. I repeat query both at expert and general forum as there may be learned members who is not qualified as expert, so they can give advise on general forum. I myself many times have given citations as required by querist if I have the knowledge at general forum, but could not provide at expert forum, even if I have.
So please clarify, which opinion is right one in the opinion of learned members of this forum. I also request Sh. R.K.Nanda ji to let me know how and under which provision/section of civil/criminal law, BSNL can take both actions against NBFC.
With regards.
Sudhir Kumar, Advocate
(Expert) 10 September 2013
parallel query at http://www.lawyersclubindia.com/forum/details.asp?mod_id=88100&offset=1#.Ui81yH_Qzmk
Rajendra K Goyal
(Expert) 10 September 2013
Parallel query; why multiple threads.
