Case against security pdc of loan
GURVINDER SACHDEV
(Querist) 13 August 2012
This query is : Resolved
Greetings TO ALL,
Sir , my problem this time is that i had taken a personal loan from a NBFC in 2008 and due to severe financial loss setback and then death of my father in 2009 i defaulted in making pmts on time but even then whenever the cos executive would come i gave them payments and in fact since the past one year i was giving the co regular pmts every month sometimes 10000 in a month to min 5000 atleast .
now on 28/05/2012 the co forced me to accept a settlement letter with a rebate in o/s and pmt of Rs 73000/- to be made in equal instalments of 14600/- begining may 2012 i gave them a chq of Rs 14600/- on 29/05/2012 of which i got a recpt but the co never dep the chq and when the executive came for chq again in june 2012 i asked him about he chq of may 2012 to which at first he expressed ignorance and insisted i make pmt of june instalment i asked him to let me have the status of the last two chqs and why were they not depositing it for pmt to which next day he informed me that they had bounced with a remark OTHER REASON i disputed that and asked him to give me the chq return memo of my bank if they have sent it back as my bank told me that no chq had been bounced this went on till july again the executive came in july and told me that he would return the chq both of 14600/- of may 2012 against settlement letter and of Rs 5000/- b4 settlement letter and i would have to give D D of same amount i agreed as i wanted to finish of the loan but no one came and then on 06-08-2012 i recd a call from their office that a case against me was due for hearing on 11-08-2012 in the local court and NBW have been issued
i contacted my local counsel and he found out that they had filed a case way back in 2009 and now they were processing it for PO
when i told my counsel that i had made pmts and have recpts of chqs which have cleared and also a settlement letter from the co he told me that since they r processing for PO
i would have to be firts arrested and then only Bail could be got and all these facts of pmts being made and recpts and settlement letter would start in trial as they r claiming an amount of Rs 150000/- the amount / chq which we giev as security whilst taking the loan and that the said case was on since 2009.
I got in touch with the co and he stated abusing and challenging me to save my skin now .
todya the executive came to collect the pmt of RS 5000/- and 14600/- which i had made since 11-08-2012 as they told me to but due to error in loan a/c no he will come back 2mrw for the same
Now as a layman how can i protect my self as despite making pmts and writing on the reverse of all chqs that the amount was against bounced chqs and any court case they have hidden this court case and in fact have mis informed the court and not updated the pmts i have made nor about the settlement letter now what should i do should i make the pmt and in case they come to collect the same what should i have written from them as to what is the pmt against
should i remain ignorant of the court case
how do i come out of this situation as i ahve been making pmts to most of the banks / nbfc and the collection agents of Ludhian know that i am making pmts even then such harsh and illogical behaviour of threateneing me via courts how do i safe guard this
pls advise
GOD BLESS ALL
regds
gurvinder
ajay sethi
(Expert) 14 August 2012
summarise your case in brief .
if cheque given as security and it bounces no complaint under section 138 Ni maintanable
GURVINDER SACHDEV
(Querist) 14 August 2012
Sir the summary is as follows
I took a loan of Rs 300000/- on track base
gave them 04 chq as security PDC during application
one chq of Rs 150000/- they presented and it was returned unpaid
i am not aware when it was returned and when did they file a suit which it seems is in court since 2009
they kept on taking pmts and gave me settlement letter on 29/05/2012 all the while i was never informed of any case or its proceedings and i kept on giving pmts on a/c the prblm started after 29/05/2012 i gave them a chq as per settlement letter
of Rs 14600/- being first instalment behind the chq i wrote in details that the said pmt was against any court case and acceptance of same would guarantee me immunity against any court action and they recd the same but they did not present it for pmt and told me that the chq had bounced which i challenged and showed them my a/c stmt that there was sufficient balance , when they asked me for jun instmt i asked them to clarify the status of the chqs which they said they would give back to me which till date they have not done and infact on 08 aug 2012 they told me that there was a case for hearing on 11/08/2012
when i found out about the same i came to know that the had proceeded to declare me A
PO
now when i got in touch with the person who used to collect the pmt he asked me to make DD of both the pmts against the chqs which they claim to have bounced which i have done since 11/08/2012
now when he saw the B CHQ he is asking me to have the loan a/c no removed from tittle of the B CHQ which is surprising as i have making pmts to all banks / institutions with my loan a/c no written on the tittle of the instrument
today when i called up their office in hyderabad i was shocked to know that there has been no pmt reflected against my account no since May 2010
sir i am in a dilemma as i have never been harrassed to such an extent and all the agencies in ludhiana know that i am making pmts since last two years against my o/s
sir pls guide as i apprehend trouble from these people
regds and thks GOD BLESS ALL
gurvinder
