Please Assist
Bhaskar
(Querist) 03 December 2010
This query is : Resolved
Hi All,
Please suggest me how to proceed on my below issue.
I have taken Rs.3 Lakhs Chit from a Chit fund company, and I made payments of all installments regularly, however i was not able to pay last two instalments(20,000+ aprox) due to some commitments with the chit fund company agents. after 6 months they have sent me summons to make the payments of that two instalments with interest(in court notice they mentioned amount as 32,000+, on sep 31st i called the chit fund agents for talks to resolve the contravercy, however they ask me to pay 38000/- along with court charges, I accepted to pay that amount but in instalments (and made payment of 20000 on spot), and also paid 5000/- in 1st Oct, and 30th Oct 5000/- respectively,
but I have received again notice from court asking to make the payment.
As per the Court notice, i went to Civil Court on 26th Nov, 2010. And One Agent came from other party. He was asking to pay the there advocate charges along with the amount which was mentioned in the Court Notice.
As per court Notice - 32890
and also they were asking me to pay 6500 more. Hence total 39,000+. Is that the procedure to pay the other party advocate expaneses as well???
Hence I have taken time from the bench for 10th Dec, 2010. As per the Bench person my issue is not yet went to the notice of Court (I mean Judge). So Please Help me how to face this issue further. Should I wait for 10th Dec, 2010. or do I pay the requested amount (39,000)?. He was scaring me to pay the amount otherwise I have to pay that along with delay interest.
Please advice
adv. rajeev ( rajoo )
(Expert) 03 December 2010
You need not to pay the amount demanded by the agents.
If court passes a decree with cost then only you will have to pay as per the judgment and decree. Court will award the fees of the advocate, if advocate filed a fee certificate before drafting a decree, otherwise advocat's fee wont be included in the cost.
Advocate. Arunagiri
(Expert) 03 December 2010
Normally the chit funds will prefer arbitration proceedings, for a speedy disposal. You can file a memo before the court that you are ready to make the payments after deducting the previous payments if any. The court will definitely allow you to make the payments. The case will be closed. The chit fund company cannot claim exorbitant interest and legal charges. The court will decide on this matter.
B K Raghavendra Rao
(Expert) 03 December 2010
Court will not send you notice to make payment unless it is an execution court. To go to execution court, proceedings should already have been conducted to identify the liability and extent of liability of the defendant to pay towards the plaintiff. In your case, if all these has happened and the execution court has asked you to make payment, you cannot do much about it and pay the amount decided upon by the earlier court. You need not pay amount beyond what has been decreed.
s.subramanian
(Expert) 03 December 2010
I fully endorse the view of Mr.Arunagiri.
Bhaskar
(Querist) 15 December 2010
The issue was compromised with the other party.
