Hello Advocates, This question is with hope that i can get some courage to face the current danger My mother took loan of 2 lakhs for 24% interest rate/ annum via our relative as mediator in 2015, The mediator and the lender took my mother signature on 100rs blank stamp paper , and a blank cheque with her signature , After few months she paid back the 2lakhs to mediator and when we used to talk over phone, the mediator used to say that documents are torned and all good. Last month the mediator and lender came to my mother, asking to repay 3.2 lakhs claiming that the lender didn't receive any money. on 4ths september 2017 they had sent us a lawyer notice asking to repay amount of 5 lakhs and interest rate of 24% per annum . Both mediator and the lender are now trying to fraud us. The document is blank when my mother signed (we don't have photocopy of document ), how to prove this?? Please give me your other suggestions or points too?? Please help.
i don't know why it is showing up from canada. We are from india, and this is happening in state: Andhra pradesh, West godavari district
1) how did your mother repay the loan by cash or cheque ?
2) any evidence of payment
3) contact a local lawyer reply to legal notice
4) mention that Rs 2 lakhs was repaid
5) deny liability to pay Rs 5 lakhs with interest
6) if you sign blank document it is difficult to prove that your signature was obtained on blank documents
7) it can be referrred to forensic lab to d etermine whether details have been added at later stage
1.DO not worry as they cannot claim interest of any amount .A Person without money lending license cannot claim interest for lending money.
2.Now if they put any document on the blank paper then they can claim that amount through court of law.
3. To stop that from doing this unlawful act lodge a complaint with police in writing alleging cheating and criminal intimidation.
4.You can lodge complaint of forgery as well for making her sing on a blank paper and blackmailing.
Hii, do-you have any proof of returning the money .. If you have made the payment through cheque or have transfered it through RTGS , then we have a strong defence in the case .. Any verbal or text communication you have regarding the repayment of loan? If we have any above evidence we have a strong defence in fighting the case ..
They can either use the blank cheque and intiate criminal proceedings under section 138 NI act or they can file a civil recovery suit. In both the circumstances we will be needing proof of repayment
Signing on the blank paper is the blunder that you have done, and I dont not think that you are having any prove that you have handed over the money (some written communication etc).
Still you can go ahead and lodge a complaint in the police station with regards to the same. Also make a stop payment for the cheque.
Regards
- Send a reply to this legal notice and refute your liability to pay back the amount they are demanding, since you have already repaid the loan.
-If they will put a cheque bounce case against you, you will have the option of challenging the summoning order before the High Court.
-In case any other case is filed by them, engage the services of a local lawyer and put forth a strong defence.
1. You shall have to submit some evidence in support of your claim as given below:
a) that your mother had taken the loan and agreed to pay interest@28% per annum.
b) the blank cheque number.
c) that she had rep[aid Rs.2 lakhs to the mediator.
2. Your steps of taking and repaying loan is totally incorrect and it is difficult to prove your points without submitting any evidence.
3. However, lodge a police complaint against the mediator and the lender for harassing your mother even after she had repaid the loan taken from the lender.
4. It is to be noted that RBI permission is required for lending money commercially against payment of interest and no body can charge interest more than what has been prescribed by RBI.
5. Even if the lender has license for money lending against interest, he can not charge interest @ 24% per annum which is too high in comparison to what has been prescribed by the RBI.
6. Police can conduct a search and trace out the blank stamp paper signed by your mother and in that case you can easily prove that there has been no agreement as yet since collecting blank but signed stamp paper for writing matters later on thereupon as per convenience is illegal.
If you can not arrange to collect documents/evidence in support of your statement, audio/video record their statements wherein they at least admitted that the mediator received Rs.2 lakhs and also that your mother's signature was obtained on blank stamp paper and also that blank but signed cheque was collected from your mother.
1. How did your mother repay the 2 lakhs to mediator? It was wrong in the first place on her part to repay to the mediator when she was liable to the lender. Possibly, the mediator may not have given money to the lender.
2. It is suicidal to ever sign a blank document as it can be filled up to create any liability on the signatory.
3. Be that as it may, if you have received a notice from the lawyer then reply to it through your lawyer and deny your liability completely. If the lender files a civil suit for recovery of money then contest it.
First you give a reply to the legal demand notice denying all the allegations made in the legal notice.
You can also mention about they obtaining blank stamp paper and black mailing her.
You should challenge the case properly during the trial proceedings on merits.
The geographical location is not important,you can revert with more questions if you have any more doubts about this
Firs of all Thank you all for your valuable answers @Ajay sethi: 1.) Mother repaid loan by cash and mediator listed it on a white paper regarding amount he received and sent it over watsapp under my mother name 2.) I have collected phone call recording of lender accepting a) that the loan taken is 2 lakhs , & with 24% per annum interest it is 3.19 Lakh rs b)made my mother sign on blank document c.) But he is denying that he has any blank cheque with him 3.) We contacted one lawyer 4.) yes we mentioned this 5.)this is also mentioned and detailed clear 6.) in audio recording the lender accepted that it is their usual process 7.) since we don't have document perhaps we need to request court for that forensic lab examination @Devajyoti Barman: 1.) Thank you, so they cannot claim any interest without license, 100% sure? 2.)yes 3.)We are thinking about this with lawyer taking my mothers age and if she will be able to physically go and attend all this summonigs 4.) We are taking this into consideration @Hemant Chaudhary: a) proof of returning money is mediator listed it on a white paper regarding amount he received and sent it over watsapp under mothers name b) i have Verbal communication record of lender agreeing that the amount taken is 2 lakhs @Anilesh Tewari: a.) I have collected Audio recording of lender accepting a) that the loan taken is 2 lakhs , & with 24% per annum interest it is 3.19 Lakh rs b) We stopped all cheques of 3 suspected cheque books in bank but didn't lodge polic complaint yet as one of the lawyer our relative contacted said it can be answered if questioned and about criminal compliant is in discussion @vibhanshu srivastava: a) yes this is in progress b)ok we are trying to avoid this cheque bounce case issue c) alright @krishna kishore ganguly: evidence is recorded audio b) blank cheque is being denied by the lender, but we have all cheque numbers that we are suspecting Should we lodge compliant before they initiate anything without trying for peaceful settlement? d.) yes i have audio record evidence in their statement @Ashish Davessar : a)Mother repaid mediator by cash b)yes it is very bad i aree c) hmm @T kalaiselvan: a)Alright will give reply, b) Alright will mentioon that , c)Properly means anything specific?
You must submit detailed reply to legal notice
2) you must mention that loan has been duly repaid in cash as admitted by the mediator
3) prepare transcripts of audio recording
4) you can during trial seek to prove your innocence
1. Record the statement of the lender that he does not have any blank cheque or any cheque with him. Thereafter lodge a police complaint under copy to the D.C./S.P against the mediator and the lender for holding a blank cheque and threatening you and your mother to encash the same and also for abusing you in public.
2. If police fails or refuses to take any action file a writ petition against police inaction al;so praying for justice and relief.
Hii,the communication on watsaap are a strong piece of evidence and can be used in court of law .. Lodge a police complaint of cheating based on the communications ..
@T kalaiselvan: a)Alright will give reply, b) Alright will mentioon that , c)Properly means anything specific?
Properly means it is based on the prevailing circumstances and based on the relevant facts as well as merits in your side including the valid documentary profs if any, in your possession that can be utilised to challenge his false case.
Please be aware that the audio recordings or the sms or the whatsapp messages cannot be utilised as strong and substantial evidence in your side to defend the case until this was already mentioned in your reply notice while denying their allegations and their illegitimate demand or extortion.
Any complaint with the police about this at this stage will be considered as an after thought action and moreover since the matter has been taken up legally, the police may not entertain any complaint at this stage.
Your advocate's prudence and skill to handle and defend your case in the court alone will help you out to overcome this crisis and the false case.