Fir filed against me
subhankar
(Querist) 28 May 2013
This query is : Resolved
Dear Sir ,
I hav taken gold loan frm a leading Gold fin. co. in 2011 feb. and defaulted in repayment. oct 2011 they filed FIR on me stating i gave duplicate gold. police varified & grilled me later gav me B report which was challenged by the Fin co. therefore court directed to re investicate by Dy. S.P. were also in augt. 2012 got b report my adv. is not supporting me stating the matter in court only when case closes u file complaint. plz advice & guide regards. subhankar
Guest
(Expert) 28 May 2013
The finance company should have got tested the purity of the gold before advancing the loan, not after several months only after you defaulted in payment of EMIs.
If your advocate is not working to your satisfaction, better change him with due permission of the court.
subhankar
(Querist) 28 May 2013
thanks sir fr the reply but, wat steps can i take to strenthen my case. can nw further more enquires to happen. they had properly chk the wt. & quality then only they adv. me the amt.
Nadeem Qureshi
(Expert) 28 May 2013
Dear Querist
no need to worry, change your advocate if he/she is not supportive and work as your satisfaction.
Guest
(Expert) 28 May 2013
You are welcome. But, steps to be taken to strenthen your case can be possible to suggest by anyone after appropriately examining the documents of your case. So, for that purpose, it would be better, if you consult some local lawyer by showing your papers and discussing with him thoroughly.
ajay sethi
(Expert) 28 May 2013
if the finance company had cehcked purity of gold then you must be having copy of the report . how can company now say duplicate gold has been furnished . objective is to force you to pay EMI .
you have good case on merits as is borne out by investigation report .
your lawyer is right . complaint is pending in court .magistrate will consider the report and on said basis pass apporpriate orders
subhankar
(Querist) 28 May 2013
i hav gt print out of the receipt at the time of pledging the gold. as ealier stated that gold wt. 167 grms and amt got 236607.00. i had good intentions to pay since i utilized the amt fr mining sector. but unfortunately in the same period mining came to standstill in bellary ( kar.) and i could not sustain it, all my address & cell no, are same and i hav not fled away. since augst 2012 aftr B report i hav no clear picture fr my case. not adv. tells a new date and protest memo filed. can my case be taken or i can lodge FIR or consumer court help me out. a friend told about this site thankx to u all for yr precious advice. regards
Devajyoti Barman
(Expert) 28 May 2013
You can engage new advocate if you do not trust your existing advocate anymore.
subhankar
(Querist) 29 May 2013
as per yr all esteemed guidence i apporched a new adv. he suggested that the FIR lodged is nt appicable to me. that the gold co. nt servered a single notice to me prior to lodging the fir. also he is nw getting the records for the said FIr frm the court. to gt clear picture of the case. i hav a question that cn i approach consumer court fr the same. since i was reading that only 2 yrs upto case in taken by consumer court. plz advice regards. subhankar
subhankar
(Querist) 29 May 2013
plz advice wat all documentation i discuss wit adv
Devajyoti Barman
(Expert) 29 May 2013
Well no notice is required prior to lodging complaint. I am not sure why your new advocate says so. Check whether he has enough expertise in criminal matters or not.
No consumer case lies in this context. You can rather go for quashing of FIR.
subhankar
(Querist) 30 May 2013
my adv. nw has sent a notice asking for detail principal amt & interest due by regd. post yestdy. his version is to knw there intention & acknlg that they have accepted athe gold as per RBi guidelance in quantative & qualitative manner.
subhankar
(Querist) 31 May 2013
t.dy my adv. has applied for all case papers in record room. also we chkd that they have filed case 420 and 173 cprc against me. also they have challeged the police b. report twice in the court by protest meno. till now i hav not receivedany thing from the court.next hearing on 22/06/13. regards
subhankar
(Querist) 01 June 2013
t.dy i got the true copies with help of adv. in it.
there version that on 20/04/2011 there gold inseptor frm kerala visited the branch and on chking found that the said gold given is spurious and has written that they called me and i hav admited in front of them and also promised that i will pay the loan and tak the gold 2-3 days . Its all false . then in 30/8/2011 they filed a case against me without any information to me.they hav attached there std. process to giv loan i.e. only aftr autencity they give loan. also in true copies two b report one by police station and other by Dy. S.P. they hav filed protest memo. Sir i request to u all to guide me , since i am fighting againsta Big Co. were they are supported by learned adv. regards. Subhankar. lubec_intl@hotmsil.com
subhankar
(Querist) 18 June 2013
my case is on 22/06/2013. my adv. sent them a legal notice to provide the account statement but there return they didnt provide the same rather raise a demand for rs 16000.00 towards two other loan gold auctioned. the also i got somehow the auction notice for the said disputed gold which is in police custody. how can they auction the same. also the concerned br. manger and the gold appraiser has left job one year back. its when S.P. office gave me B report. also in last 4 times the complainant not present in court. but my adv. telling me to present in the court date to dismiss request and other hand also told to ready bail documents as 420 case on me, but i have not received any court summons. two times B report given by police. regards subhankar chakravarty
