My father ( hailing from a well off family with good rental income) got himself into the trap of small time lenders who charge very high interest rates ( more than 3% on monthly basis some are even weekly basis) has repaid back nearly 2-3 times the principle amount in due course of 3 years and lost everything he had yet those rowdy like people are not satisfied. Unable to bear the harrasment he lodged complaint in local police station. The cops did not take proper action a week from there he was attacked and some one snatched his car and forcefully got signatures to documents. Unable to bear the pain he attempted suicide and battled for his life for over a week in the hospital. Doctors say he's mentally very weak and still has the tendency to attempt again and we need to take care of him very carefully. How can we proceed and get injunction from those lenders? We don't want to lose our father. If these people do the same harassment once he's back we will not have him. Many a times we have told them that we have no source of income to repay them and let them take the matter to court. Yet they remain to harass my father. We have a letter my dad wrote prior to his attempt and a few phone calls where the lenders have abused very badly a prior lodged police complaint and doctors discharge summary about his mental and physical state. Will we succeed in getting an injunction against all those abusive and threatening lenders . We also live in fear that they might harm even us. How should we proceed?
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1. you should file a complaint before the judicial magistrate under section 200 of the code of criminal procedure.
2. that letter and call recordings are relevant evidence and admissible against them .
3. money lending without having licence is an offence under money lending act and an agreement in this respect is void under section 23 of the contract act.
I have a doubt on point 3. So they seem to have blank cheques post dated cheques and blank bond papers signed by my father ( however the property is ancestral and any agreement against it requires our signatures as well) Will a document stating my father owes them so and so amount hold up legally ? My primary concern is I don't want them to approach my father for anything for next few months since there's a risk of him attempting again. So first we go and complain under section 200 for an injunction? Is there any limitations on the number of people against whom an injunction order will be passed? Since there are multiples parties involved should we apply multiple times ?
1. Based on the complaint filed by your father with the Police and if no action is forthcoming from the Police, meet the higher Police officials, like DCP, Commissioner of Police and apprise them of inaction by lower rung Police officials.
2. There is a Supreme Court Judgement relevant to you, which I am reproducing herewith "The Supreme Court in a landmark judgement on Thursday reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.
"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said".
3. You can approach the competent court to obtain favourable order directing the Police to take action against rowdy elements.
file police complaint against mnoney lenders for criminal intimidation under section 506 of IPC
2) if police refuse to lodge complaint file private complaint before magistrate under section 156(3) of cr pc to dorect police to investigate and submit report
3) you cna also file civil suti and seek restraint order against money lenders
if your father has issued blank cheques they would fiill in amounts and present blank cherques for payment
2) any document signed by your father that he owes them X amount would stand legal scrutiny
3) you can file separate suits against each money lender
if they have no money lending license then they are bound to file recovery of money suit. if suit is filed then they cannot claim interest thereupon because they have no such license. they are entitled to get interest @6% from the date of filing of suit.
now you should file a complaint u/s 200 to avoid any type of harassment. then you can stalled the recovery proceeding for some more months.
An injunction suit or case is not maintainable for such offences.
A complaint with the police higher officials into the atrocities and illegal or excesses may bring some respite.
You may even produce the hospitalization reports which was due to their harassment.
If the police is not effective or not cooperating then you may approach the judicial magistrate court with a private complaint under section 200 cr.p.c seeking the court to take the private complaint on file, issue summons to the respndents and prosecute the case against them as per law.
So they seem to have blank cheques post dated cheques and blank bond papers signed by my father ( however the property is ancestral and any agreement against it requires our signatures as well) Will a document stating my father owes them so and so amount hold up legally ?
Your grandfather's property now standing on the name of your father cannot be considered as ancestral property hence you may not have any rights over it.
If your father has given that property as collateral security then they may attach the property by due process lf law.