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Farhaan Patel (Self Business)     25 April 2015

Loan Issue

Hi

Greetings of the day!!

This is Farhaan from Hyderabad.

One of my friend forged the documents of my other friend and he availed Personal Loan of 4Lacs from a Bank in 2013.

The main person came to know who took loan and went to that person and he had a Strong Discussion with him.

And the person accepted that he forged his documents and took loan and he will repay it soon.

The availed loan was 4Lacs and after two years interest charges got added and the final amount is 5.35Lacs.  

They went to bank and the person who forged the documents accepted everything and he promised bank that he will just pay the 4 Lacs Loan Amount and requested them to take off the interest charges. But bank says that they cannot take off the interest charges and he should pay the entire amount by 30th of this month.

 

I Just want to know how we can get this sorted out by just Paying 4Lacs to Bank and it should not effect the main person's CIBIL Score.

Please suggest me someting, so that i can help my friends to get this sorted out.

 

Thanks & Regards,

Farhaan..



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 April 2015

Sir,

 

Tell you friend to make an MOU between the two friends and on the basis of the same document he should make sure he takes a letter from the bank that some third person has taken a loan in this regard....


This we he can like save is CIBIL score from getting down.

 

Warm Regards

Kapil Chandna Adv

9899011450

G.L.N. Prasad (Retired employee.)     26 April 2015

Can a fraud done with forgery can be legalised with MOU ?

Your friend should be thankful for Bank not initiating any criminal action and suppressing the fraud (Bank must not have done that, as ultimately the concerned official who has processed the loan has to pay for that negligence) and expecting an interest concession is too much.

Advise your friend to immediately pay the amount at any cost.

Remember  knowingly suppressing a fraud is also a fraud and raising CIBIL score is too much.

Farhaan Patel (Self Business)     26 April 2015

My Friend is ready to pay but he can just pay 4Lacs to Bank.

Is there any way to Pay 4Lacs to Bank and settle this Matter.

G.L.N. Prasad (Retired employee.)     26 April 2015

A bank runs with Public money, and they pay interest to deposits and lend that amount for higher (nominal) interest.  So, a Bank can not do that and before it takes the shape of a vigilance angle, let all his learned friends contribute and save him from the trouble.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 April 2015

Finally no payment will be made by anyone, except for the fact to gather legalities.I don't trust the person who availed the loan to repay it.He took the loan with an ulterior motive,ditching his own friend. U mentioned forged documents,is it just the documents forged or the identity of the original person. Knowing the facts I am surprised why didn't the bank lodge a criminal complaint against UR friend.

G.L.N. Prasad (Retired employee.)     26 April 2015

It appears that title deeds kept with him was used through impersonation of his name involving forgery and impersonation and fraud also.

As there is negligence on the part of the Bank also, and it affects the careers of senior officers. priority is only for recovery.  If the amount is recovered, the punishment may be minor to Bank officials as there is no financial loss, if amount is not recovered it may amount to conspiracy and joining hands with borrowers.

Poor Banker like Garalakantha, he can neither spit it off nor swallow the poison as none believes him even if he is really honest and sincere as there is negligence apparent in the foul  game played among  so called friends.

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

The experts have advised well on the topic. It is better to repay the entire accrued interest along with the principal to get freed from a criminal complaint of forgery, impersonation and cheating, which will add more miseries.


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