1) You can file fraud and forged signature case against your uncle and part to shriram funds as well.
Surety fraud in Sriram Chits Pvt ltd
Sir, my mother who is widow working as assistant in govt college. My uncle took my mother salary slip and Aadhaar card copy from my house and made my mother as surety in Sriram chits pvt ltd without my mother signature/consent. My mother never went to Sriram chits company to make any signature nor company people never verified any records for surety. Now Sriram chits company people came to my mother house as my uncle failed to pay the dues...my uncle took the money in 2013. These Sriram chits people are also telling that why you are responding now like that... but my mother thought that she was not signed any document so thats why she was not responded at that time...What action we should initiate to safeguard my mother as the company people told that they went to court now.
Asked 7 years ago in Criminal Law
Religion: Hindu
13 Answers
You can file a police complaint of cheating fraud and forgery against the uncle and the chit fund company.
Further if they file any recovery suit or any action against you that can be contested on ground of cheating and fraud that there are no signature no agreement .
1) your mother is not liable as she has never signed any documents to act as surety
2) if your mother signatures are forged she should file complaint against uncle for cheating , fabrication of documents , forgery
3) in case any suit filed file detailed reply denying liability to make payment
4) rely upon hand writing expert opinion that her signatures are forged
If they have gone to court, means that they have some valid document. Without valid documents the court will not accept the case. You need not worry till the time you get a notice. Once you get a notice, means to say that the case is admitted. You then have to hire a local lawyer and say to the court that you have not signed the surety documents as indicated.
- As per the information mentioned in the present query, makes it clear that the act of your uncle was not at all considered to be an act of relative.
- And also the company who has just taken the surety of your mother in the basis of the documents given by your uncle, not even demanding the presence of your mother and verification in the form of her consent for the same.
- This has been happening in all the states that these kind of companies violating the law with respect to the giving of loans and verifying the status of the person, and then creating problem for people like you.
- I advice you to please give them a legal notice stating their act is arbitary, in fact your mother never give her consent for surety, as just giving of documents doesn’t mean that the person has consented to it, there are situations where people lost their documents, or give tocos relatives for some other purpose without knowing the intention of the other person.
- If they still do anything or claim it and then move to the court of law and demand for compensation also for mental harassment and litigation expenses.
1. Do not worry as without the written consent a person can not be made guarantor of a loan.
2. SO even if she is shown be a surety or guarantor the law can not fasten her with any liability at all .
3. If they disturb your mother further then you can lodge complaint with the local police.
4. DO not worry as if they go to court they would not meet with any success at all.
Dear Client,
File criminal complain against company and uncle for cheating and forgery.
Your mother can issue a legal notice through an advocate against sri ram Pvt Ltd without her consent or verify how can they proceed.
File a complaint against your uncle U/S 420, 468
You can write to them with available facts and deny all charges. let them approach the concern authorities and take action. fix up good local lawyer to send notice to them.
Dear Sir,
First lodge police complaint against all the concern including your uncle. Next contest the court proceedings and file applications for sending disputed signatures to handwriting experts. Truth will come out and your mother will be saved.
Your mother can defend her interests only in the court of law.
This type of fraudulent activities are going on for a long time with the connivance of the staff of the company hence you will not get any relief or respite from the company.
She has to fight it out through court of law only.
File a police Complaint of cheating and forgery against your uncle and inform the same to the police.
1. Your mother has been a victim of fraud committed by your uncle.
2. The liability of a surety is co-extensive with that of the borrower. If the lender cannot recover the amount from the borrower then it is free to proceed against the surety.
3. Your mother has to file a criminal complaint for cheating against uncle under Section 420 IPC but it will be practically impossible for her to prove that her salary slip and adhaar card were obtained fraudulently from her.
4. Your mother should contest the proceedings initiated by company in the court, on the ground that her consent was obtained fraudulently.
