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Neg 138 u/s200 and 405,420 ipc

(Querist) 05 April 2012 This query is : Resolved 
i borrowed a personal loan from finance company.25K i settled march 2010.settle ment letter in my hand.but today i got a call from one advocate.he said ur loan is now 77000/- legel action against u under 405 and 420IPC.and he connect conference call with one police officer in commissioner office and talk with me.i said i m closed the loan he does not accept my reply.he said more that,you will face the city civil court and stop the money suit order.what is happening.what summon which court he didn't tell anything only police said 200cr.pc.if other state summon? what can i do?how do i take legal proceedings from chennai high court.
please help me in my state high court.mental block and i am a kidney failure patient.
ajay sethi (Expert) 05 April 2012
since you have settlement letter in hand you have to approach finace company . send a letter to them pointing out correct facts .

till the case is withdrawn you have to fight the case . engage a lawyer and defend .

they are emrely trying to pressurise you .

since you have kideny failure and must be nedding dialysis you can obtain exemption from personal appearnce .
Deepak Nair (Expert) 05 April 2012
You have a settlement in you hand. I suppose they are threatening you with legal action. Or has they initiated any against you?? If not, then wait for them to take legal action.

These are pressure tactics to extract more money.
SAINATH DEVALLA (Expert) 05 April 2012
Dear querist,

I can say that was a fake call.
In What way is the officer in the commissioners office got to do with your loan account?Do you have the telephone number from which you got the call?Immediately go to the commissioners office and tell him what happened.You can submit a petition regarding the same. All the other aspects are only to harass you for money.You will be surprised to know that even some lawyers are involved in this money extration.Without legal knowledge how will the man who called you mention about 405 and 420 crpc.I can prove it.

Go to the finance company,show them the foreclosure documents and warn them about the happennings.Its better you go with your advocate.
Shonee Kapoor (Expert) 05 April 2012
It might as well be a fake call.

But with the settlement letter in hand, you can remain worryless.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh (Expert) 05 April 2012
Get offensive - file a complaint with your local police station for criminal intimidation and inchoate extortion.
Guest (Expert) 05 April 2012
It seems to be mererly a gimmick of some recovery agent. Ask the caller to send notice to be replied by you. No advocate can contact you in such a manner.
Sankaranarayanan (Expert) 05 April 2012
Yes it is gymmic tactise. Those people have understanding with the financier and get % of total collection. So you go to the financer office with one lawyer and explain.with warning
SAINATH DEVALLA (Expert) 05 April 2012
Dear Querist,

In my place I have dealt with atleast 10 such cases.The recovery agent will make a call first,then he will put it conference and say that talk to our manager.Initially fear complex will start developing in you.The third caller is nothing but the agents friend.He will talk in such a manner that if you dont pay today a warrant,will be issued to you.You will say give me a days time.Next day again the agent along with a well dressed person will knock your door.The agent will introduce that person as a legal officer of the concerned bank.He will not show his identity even if demanded.He will say that a warrant is already issued in your name,and I am the only person who can get it cancelled.Orelse he will say that why dont you go for a settlement,and he will get 50% waiver.From next day onwards,staying indoors,you will tell your wife or children,if those people come tell them I am out of station.No legal officer will come to your house and bargain for settlement.This is a mafia for credit cards and personal loans.

I have given a chronology of events that take place for defaulters. So don't fear and represent the matter to higher class of police officers,who will tackle the situation.
C. P. CHUGH (Expert) 05 April 2012
It is nothing but a fake call. Wait for next call and if it at all happens, try to record the call, if possible, otherwise must save the callers number. Be Blunt and refuse to pay a penny to caller and tell him in so many words that he can do whatever he wants to. I am sure you would not get repeated calls. Also file a complaint with local police giving them the callers number, copy of settement letter and rest in peace. If you donot have to pay, No one can focibly extract money from you, unless you are kidnapped and asked for a ransom.
Sudhir Kumar, Advocate Online (Expert) 06 April 2012
Agreed with Mr chugh. Police does not talk through such conference calls. When they have a complaint they do not need anyone's clutches to contact the accused.You kinldy serve a notice to them that in the sate of kidney failure such illegal action will invited action under IPC section 323/326/307/304 against them. As rightly advised by Mr CP Chugh you can file cse in local thana.

Further if such callers are retired policemen (which at times they are) and also claim their connection with ex-collegues (directly or indirectly) you should feel free to report to the DGP requesting action under pension rules as such activiy can result in forefeiture of pension (off course there is procedure fo the same which department will have to follow but not a cake walk for pensioner)
V R SHROFF (Expert) 06 April 2012
Well advised .

As u have setlement letter in hand, u need not worry.
however u have to face if they initiate any action.

u may complaint to Police, as it is ultravires, if Police Inspector interfere in matter not lodged with PS.


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