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Nandesha (Individual)     09 January 2013

Unintentional crime

 

I do agree that there are mistakes from my friends end but want to know what are the right steps to resolve this issue

 

My Friends is in a situation and need a legal point of view .Has unintentionally created committed a fraud. The individual has a clean track record, has a six month old auto loan which he has being paying on timely basis. On 28th November 2012 he had to gift a high value consumer durable to one of his client. he purchased it on Consumer Durable Loan @ 0% interest and 0 Down payment based on a festive season Scheme(Submitted -Pan Card and address proof ).The delivery of the product was delayed, hence the individual Used the same scheme in another showroom, but used another Pan Card which beard improper details and was created by mistake . Now the situation to summaries - Two loans ,i.e Consumer durable loan @0% interest and 0%downpayment. both the product is delivered. Now to top up the situation the good are gifted to the clients as a good will gesture to attract one of his client - business purpose. The individual had no negative intentions. The loan account takes 15 days post-delivery to be generated. The individual planned to foreclose the second loan with improper details. But since the details took more time than expected , the individual has been waiting. The second loan or both loans has been highlighted and someone from the Bank(loan Provider NBFC) has been visiting the individuals residence .The residence is a rented premises and the individual is a bachelor. Hence the official traced the broker and has been trying to investigate the issue. The individual-i.e is my friend is not in town(Mumbai).Now I wish to know the legal hurdles or problem that my friend might face. I know my friend is true since he had given me the Draft   to fore close the matter as soon as the loan account is created .now the account is created and we have requested to send him the fro closer Details . the bank has stated to reply in four working days. And then four more days for the loan to be closed. In the mean while the Officers are creating problem for the image and reputation of the individual, by approaching  estate Broker, neighbors and owner of premises and informing that my  friend has defaulted payments. Where in the first EMI is still not due and will be due on 5th feb 2013

 

Please feel free to reply and ask more details if required.

Some have informed me with similar case where the individual was considered as accused and was arrested for fraud - and booked with IPC 420,467,468 and 510 .

is there any way to avoid legal hassle as this was not delibrately done and the individual is read to pay the entire Loan amount in full and close the loan account



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 4 Replies

Saurabh..V (Law Consultant)     10 January 2013

@Author

 

Your question is quiet vague and not at all clear.

 

However, to my understanding, your friend has taken two separate loans and has purchased two items with these two loans. Now if you say that your friend did nothing wrong but it was an unintentional and innocent mistake, then what stops you from paying back the loan amount?

 

The best way out from this situation is to payback the loan amount and settle the matter amicably. Otherwise, as you yourself opined in your last lines, that cases under S. 420 IPC etc. shall stand valid and your friend would be arrest very soon.

 

//peace

/Saurabh..V

Nandesha (Individual)     10 January 2013

 

Sir ,

 

Your understanding is absolutely right .I thank you for summarizing the vaguely explained situation in such a brief and profound manner. Please pardon me as  I am a layman unaware about law ,at the same time not too good with written communication.

 

We have proceeded with the foreclosure procedure and made payment in full. Just here to know if there are any other voluntary steps to be taken to avoid being arrested or being booked as a unlawful citizen. I never mentioned that my friend has done nothing wrong. I Agree it is a blunder. But just trying to sort out  thing with the right opinion.  

 

Appreciate for the prompt reply , Please guide us to the sore to live peacefully .

 

Regards with Respect

 

Nandesha shetty

 

 

Saurabh..V (Law Consultant)     11 January 2013

@Author

 

If FIR is already filed in your case, then you have to apply for Anticipatory Bail immediately,. By initiating the foreclosure process, you have got cooled down and inclined in your favor.

 

If FIR is not filed, then please keep on the foreclosure and retain all documents for future reference.

 

All the best!

 

//peace

/Saurabh..V

Nandesha (Individual)     11 January 2013

Thank You

This has given me peace 


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