Retired person Cheated by a son’s friend
I am a retired person living in Chennai about70 yrs.
My son’s friend ‘SR’ (Defaulter) approached for a loan as he was in a very very difficult situation that he received a SARAFESI and AUCTION notice from bank.
As I in Chennai and another friend (VJ)Bangalore were running a very small private part-time chit fund work as a partnership among friends in need(not a registered business but with a name S and nominees)
Though our chit fund work is very small to help DEFAULTERs’ requirement, considering the plight of my son’s teary situation, we told DEFAULTER that we will try our best to help through S and nominees at this time of very difficult situation of loosing his dwelling.
• Immediately Defaulter sent an email request to ‘S and nominees’ email address for a loan of 25 Lakhs with the request that SR (Defaulter) will transfer the mortgage held by the the bank to S and nominees or anyone whom we may suggest. This amount was too big for us. So we told DEFAULTER that using our equity and friend’s circle we will try to help him out.
Our son also recommended AS’s situation considering the plight.
• Then DEFAULTER sent an agreement in Rs20, signed by him and his brother as the guarantee with two witnesses. The agreement was not registered. The terms mentioned are
1. Repayable latest by 14-12-2016
2. Interest 1.5% per month Payable every month
3. Failure to pay every month to attract additional 1% interest per month
In the agreement SR did not mention about “the transfer the mortgage from the bank to S and nominees or anyone whom we may suggest”. Unfortunately, we overlooked this point, considering DEFAULTER’s plight and confidence and as he was recommended by my son.
So we discussed with the bank where defaulter’s property was held and arranged for stepped payment as we had good relationship with that bank .Unfortunately we failed to make a triparted agreement with Bank and DEFAULTER.
Eventually, through my bank account we paid all dues to DEFAULTER and in turn SR (defaulter) paid the bank by 15-12-2014.
Just after redeeming the documents from bank, DEFAULTER started the delay tactics to not to transfer the mortgage to S and nominees or anyone of us.
He managed to convince my son saying, he will give a GPA to my son’s name and GPA is more valuable than mortgage and he will settle the loan with in few months.
Out of trust and stupidity, my son accepted to this and convinced to agree for GPA which was registered at SRO.
Then DEFAULTER started hurling his surprises
After 4 to 5 months, he cancelled the GPA
Never paid any interest and principal
Stopped answering to emails and phone calls.
As novices, we trusted this fellow DEFAULTER and his brother and my son’s stupid recommendation, about which he is at remorse now.
We checked and confirmed that he legitimately owns the property.
We met DEFAULTER at his house in November 2016 and requested to fulfil his promise of Transferring the Mortgage and we are willing to give more time to pay the loan.
• But he flatly refuses to Transfer the Mortgage saying he will soon pay the loan.
To the extent he goes saying, “do you want to kill me?” It was pathetic and appalling.
Now it is March 2017, and he never responds to phone calls or emails.
It is a very shameful situation to tell anyone.
Any one except SR will understand the mental stress that I go through every day for helping some one in difficult situation. My son is paying interest to the lenders along with his problems with lot of regrets.
If we complain to the police do we still have chance:
1. To get the property mortgaged to either a) S and Nominees or b) any one whom we suggest or c) to me as the funds went through my account? Now I prefer it is mortgaged to me or to my family members as I am getting weak and tired , and my partner is OK with that. Is it possible?
2. To Recover the principal and Interest?
As it is a cheating scenario, will it be a criminal case or just a civil case ?
How long will it take if it is either criminal or civil case ? I am 70 years plus now.
How much will be the legal cost and court fee? It is going to be another issue to pay these.
3. Can someone (son/friend/daughter) represent me to police and court considering my age?
Thank you
Asked 7 years ago in Criminal Law
Religion: Other