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Chiranjan Soor   30 December 2018

Loan claim after 5 years

I brought a bike on loan from Indus Ind bank on 2011.I regularly paid my emi's for more than one a half year but on 2013 I missed one premium due to mother's severe nerve illness.The bank claimed the bike and threatened me that if I don't pay 38,000 at that time they'll sell my bike.I requested them to allow me little bit of time but on July 2013 they sold my bike and they send me notice about the sale and their claim.I informed them that the bike was not worth 38,000 thousand at that as I paid a lot of emi's.Still if they could return my bike I'll pay them in two emi's.They didn't answered anything after that.Now after 5 years they're claiming 40,000 from me and they've filed a case against me on Lok adalat.I'm a handicap now and I'm also jobless.They're continuously abusing me over the phone.My mother suffered a stroke due to this.I'm totally helpless as I can't even defend myself due to my leg injury.The only option I've is to end my life.Still as a last resort I'm asking for help in this forum.Please help me if you can.


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 8 Replies

Chiranjan Soor   31 December 2018

Sir when I brought the bike I made an initial down payment of 22,465.I paid 18 down payments(1546 per installement).Total it brings to 27828+22465=50293.The bike Honda Twister was valued at 48,344 and the rate of interest of the bank is still 12%.They sold the bike at 45,728.They recovered near about 96000 for a 48,000 bike.Sir doesn't it mean that they recovered more money than the investment and they bound to pay me the remaining amount?Is it fair sir that I've to fave harassment after 5 years?

Shashi Dhara   31 December 2018

U submit to lokadalath they are intentionally extracting money with documents.

Chiranjan Soor   31 December 2018

Sir I never consented to anything.I brought the bike 2011 and after so many years they suddenly sent me the Lok adalat notice.The previous message I posted sir that's the payment I made to the bank.I owe the bank nothing Sir,still I'm getting harassed.Even on the notice they haven't mentioned that the bike was brought on 2011.They just mentioned the loan agreement.Is it valid that after such a long time they file a case against me where they made more money than the actual loan?

Kumar Doab (FIN)     31 December 2018

RBI had also issued guidelines to settle the maters thru Lok Adalat.

If you can establish lapses on part of lender you can get some relief.

Kumar Doab (FIN)     31 December 2018

One should not borrow if one can repay.

If one has borrowed one should pay on time.

The lender has dealt with default with tough hands.

In Lok Adalat you can produce the tarsngressions by lender.

However you don’t seem to be properly informed and should avoid acting on your own.

By now your credit worthiness/credit reports/ CIBIL score would be very low and ability to borrow in future might have already been compromised. The elnder shall not call back your name from list of defaulters until you establish lapses and fetch order from Forum/court.

So lean on your own very able LOCAL counsel.

Kumar Doab (FIN)     31 December 2018

The lender may nbot need consent to take the matter to a tribunal,court!

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Consumer/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Consumer/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Consumer/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

Kumar Doab (FIN)     31 December 2018

You may also gather material citations from 

 

www[dot]confonet[dot]nic[dot]in 

Shashi Dhara   31 December 2018

U approach civil court thru eminent advocate file suit against them as for their harassment let they produce the documents before court.

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