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suryagaurav (manager)     01 April 2011

consumer case against financial concern false facts w/o evid


 some defaulters had filed case in consumer forum saying that concern is not paying them their dues.

But the fact is that they never approached us.

further execution proceedings are going on against them in court. also they said that I threatened them  (in writing they give it to consumer court)

 can I start defamation proceedings against them on basis of them. I am advocate for the financial concern.

as per law we can not give them their due before receiveing from them the loan issued to them.

consumer court is not listening us as they are inclined to their.

 all allegations are without supportive documents , just handwritten. they allege that I sent police to them and threatened them. In fact i have not seen them from many years.

i am in a dilemma, what should i do.


 3 Replies

AAK (Advocate)     01 April 2011

"as per law we can not give them their due before receiveing from them the loan issued to them" which law?? what kind of dues your are talking about? sorry your question is not clear..

CA VK Dwivedi (Job)     01 April 2011

Dear SuryaGaurav,

The FIs and Banks treat Customers/ Borrowers so badly that Consumer courts are Piled up with the Cases and after SARFAESI'02 the treatment of FIs and Banks is Bad to Worst. 

Even if you are innocent you may have to suffer due to ill treatment by others.

To advice you adequately I would request you to please provide some more facts.


suryagaurav (manager)     02 April 2011

we have provided them loan.they become defaulters.we filed civil recovery proceedings. now it is in execution stage of decree for loan due towards us. they approached consumer court saying that we are not giving them their initial deposit. we can not give them their deposit till they pay loan amount.

what should be my reply to consumer forum as to make case dismiss.

what action can i take on them for false/hiding facts in complaint,


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