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GOKULDAS KAMATH (EX BANKER)     22 March 2012

Guidance

Respected Sir,

I have already discussed this problem in lawyersclubindia.com.But,I am still confused.Hence,I once again narrate this case before you and humbly request you to guide me.

I am working for a gold loan company since last 3 years.I am a heart patient and diabetic and under life long treatment for these ailments.At the time one takeover of gold loan from another gold loan company,the customer turned out to be a robber and robbed me of Rs.750000 while travelling in his car..My mistake is I trusted him blindly.It is difficult to register a police complaint in Bangalore.But,the retired police officials who are specifically appointed to lodge police complaints did not allow the police station to lodge my written complaint using thier influence and hold over police officials as these retired police officers are seniors to them.My written complaint given to police station on 21.02.2012 is still not registered.In turn,company has filed a complaint against me u/ s 407 and 420 next day whereas my complaint dated 21.02.2012 is not yet registered.I have referred this matter to Commissioner of police,Addl.commissioner of police and DGP,but no response from them.I was detained in the police station for 1 day and allowed to go in the night.Company is indulging in unfair and illegal business practices resulting in litigations almost every day for which retired police officials arrange to lodge FIR against such trouble makers in the branches..By lodging police complaint against me,company is trying to claim the amount from Insurance company.Retired police officials do not accompany for take over of gold loans.

Due to Advocate's indefinite strike,my bail application submitted through my Advocate has been dismissed as my Advocate did  not appear at the time of hearing.The another employee who had accompanied me is Accused no.2  has been granted AB on 09.03.2012.My lawyer does not give proper response and evasive to me.He told me that he will make appeal in the high court and trying to get the copy of AB granted to A-2 in support of appeal.He told me that I need not worry as police cannot arrest a heart patient.While approaching him for getting AB on 23.02.2012,he had instructed me to go out of station for 7-8 days till I get AB so as to avoid the arrest.Now,he says me to go to police station to give the statement and they cannot arrest me.I have lost faith in my Advocate as A2 who had approached another Advocate after 10 days has been granted AB whereas my bial application is rejected.I have invested Rs.10.00 lakhs in this company last year in their debenture issue.Rs.5.00 lakhs in my son's name,Rs.3.00 lakhs in my wife's name and Rs.2.00 lakhs in my name.Monthly interest is @ 13% per annum.Company is refusing the payment of interest / withdrawal of debenture.My Advocate says that while dismissing my bail application Magistrate had not gone through my medical records which was reportedly submitted by my Advocate along with bail application.Now,I doubt whether my Advocate had represented my case properly or not.On my pressurising him,he has agreed to file a private complaint against police station for not registering my complaint dated 21.02.2012.I was appointed on 12 months contract basis and automatically extended to 3rd year.If they have to terminate my services,it will be in writing as specifically mentioned in the offer letter  which was accepted by me.Now,company has removed my name in the Branch employees list for which I did not recieve any intimation in writing.I have not been paid my salary for February 2012

I humbly request you to kindly guide me  on following points


1.Whether I can file a private complaint at this stage
2.Whether I can go to police station  to give my  statement without any fear of arrest as I am a heart patient
3. Whether company can attach  the debenture of Rs.10.00 lakhs.If so,can they do it without my notice.Can they reject the repayment of debentures
4.Possibility of my getting AB in the High Court appeal on the basis of AB already granted to A-2 and my health condition
5.Can I make a private complaint against company's retired police officials who obstructed the police officials to register my written complaint
6.Options available to me to get my salary  and other related matters regarding  continuance of my service in this company
7.Can I approach another Advocate if this Advocate is misguiding me

I am illiterate in legal matters and I don't know whether my Advocate is taking me for a ride.

I once again humbly request you to guide me based on above turn of events

I am also enclosing herewith a letter issued by company HO to a Area manager to collect the auction gold from the branch for auction purpose but reason is mentioned in the letter as "for quality assessment and return to the branch" which speaks of company's illegal and unethical business practices.Company sells such auction gold to the people having unaccounted money against cash amounting to crores of rupees.Please guide me how to expose this matter and whether this will be helpful to me



GOKULDAS KAMATH
auction 008.jpg auction 008.jpg
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