Rakesh (HR) 18 January 2013

Criminal charges against women

Hi, my sister had applied for a personal in 2007 for a term of 3 yrs, she made 16 payments and could not make any further payments due loss of job. she had signed several cheques while taking the loan amt (blank chq in the name of the bank). NOw after she had made several payments to the bank the is not considering the payment at all and they say it is not showing in their system. The loan amt was 1.46 Lakhs, now after making 16 payments with 17% interest and 40 thousand cash the bank is asking her to make a payment of 1.25 lakhs and keep harassing that they have arrest warrant in her name. what shud she do? they are not ready to show the statement as well. plz suggest

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 18 January 2013

If your sister has got receipt for having repid the loan in instalments, show them to the Bank Manager and also ask for the statement of loan repayment, bank cannot avoid saying that details are not in the system. Let her give a leeter to the bank manager stating to stop the cheque for collection giving the reason and the same ltter shold given to her banker.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 22 January 2013

Hi ,

Yes , private banks do such pratices to recover their money , also they keep blank cheques with them for this purpose . you contact a good lawyer who will be helpfull for in this situation , you produce record and evidence that these cheques were given at the time of taking the loan from that bank, your matter will be solved.

Rajinder Singh Bhalla (Proprietor) 22 January 2013

Loan amount was Rs. 1.46 lacs. You paid 16 instalments. How much was that amount?

You paid Rs. 40 cash in addition to the 16 instalments.

Rate of Interest of 17% is on reducing balance basis or straight basis.

You inform the bank that your sister has lost the job and hence can not pay back the balance amount. Ask them to reschedule the loan amount. Also ask them to follow recovery proceedings in a court of law. Also ask them for a statement of account. Verify that all the payments made by you are reflected therein.

In case there is any deficiency file a consumer case for harrasment and mental agony. Recently a Delhi consumer court had allowed Rs. 15000/- for making false claims against the bank.

In another case of mine the bank was asked to pay an amount of Rs. 10000/- for harrasment in addition to waiver of loan amount.

In this case of bouncing of blank cheques no body can get arrested. You can prepare bail bond and give to the court on appearance on the first date. If you want I can send you the format of bail bond.