• Threat of legal action - False claim

I was a salaried person , during my tenure I took a PL from Bajaj finance . I lost my job in Oct 2018 due to the downsizing by my company. Till then I did not get a job and still struggling to get one. I had however managed to pay the EMI since October 2018 till date with great difficulty. The finance company informed that they will revoke the bouncing charges as the ECS was not active as it was my salary account from where the money was debited. Suddenly one fine day I receive a call from an Inspector from Central Information Center Mumbai and a lawyer from the finance company that a case has been registered against me for not paying the bouncing charges and I will be prosecuted. Please advise on the matter as I am totally confused that why I am being threatened and what should be my course of action.
Asked 3 months ago in Civil Law from kolkata, West Bengal

1) send email to company seek details of alleged case filed against you 

 

2) mention that you have paid EMI till date and have not defaulted in any payment 

 

3) ECS was not active as company had terminated your services 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

1. It appears that a case u/s138 of Negotianble Instrument Act has been filed against you for dishonouring the ECS instruction. It is equivalent to cheque bouncing case. You have already given mandate to the Bank to collect the EMIs through ECS which you shall have to honour as per law. If the account is not active, you shall have to make alternate arrangement for the said payments.

 

2 If the amount is not very high then try to settle the payment to avoid harsh punishment under N.I. Act.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

If you have not paid the ecs payments they can file a case against you under payments and settlement Act 2007. It's just like cheque bouncing cases. I have not heard proceedings for bouncing charges its for bouncing ecs mandate. 

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

These are fake calls, tell them straight, do whatever, no money to pay. Nothing will happen, usual tactics by recovery agents.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

no need to worry,  settle dispute amicably approach before bajaj finance branch manager. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

Please dont bow down to the verbal threats. If you recieve call, calmly explain the person to send you legal notice . That you will reply to the notice sent in respect of the case.

For goodwill sake you can explain them that you are arranging funds and will pay off.

As far as legal advice in respect of your case is concerned , i suggest you to payoff your bouncing charges or the ecs charges online , create an evidence of same. 

Request the bank to send updated balance sheet. Complete your financial liabilities asap.

Deepankar Kataria
Advocate, Delhi
193 Answers

5.0 on 5.0

Dear Client

If there was a clause regarding penalty charges of Bounces ECS then you have to pay the charges and finance company cam initiate recovery suit Against you for recovering the penalty charges.

but central information center have no jurisdiction in this matter. 

Also you have to pay the charges as per loan agreement but before initiating an action against you they have to send you a legal notice.

Mohit Kapoor
Advocate, Rohtak
3562 Answers
1 Consultation

5.0 on 5.0

 in any case if you have lost the job you need to speak to the finance company and try to settle your amount including the cheque bouncing charges this is a material that you have lost the job but not paid your personal loan and the company have all the rights to go legal against you it will be a good advice for You to settle down the amount in one go to avoid all this 

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

1. Well, it appears you still owe money to the financier and if that is so then the financier is entitled to file cases bot under civil and criminal jurisprudence to recover its money.

2. Now the call you have received appears to be from a recovery agent and it is resorting false information to crate panic among you so also to force you to repay the money soon.

3. Next time if they call ask for case number and then take information whether at all any case is filed agaitn you or not.

4. If yes the repay the money and get the case withdrawn.

Else you have way to protect yourself through lawful means the details of which can not disclosed on a public platform like this.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

If any case would be file against you you would get notice from court. Getting a call from a lawyer does not really imply that any case has been lodged against you. It's unlikely that the person calling you is even a lawyer.

You should ask the person to send you summons from court. These people are usually recovery agents trying tu intermediate you to repay the loan.

In the meanwhile you should try to get the matter settled with the company.

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

See they can file a complaint  under Section 25 of the Payment and Settlement Systems Act, 2007 it accords the same rights and remedies to the payee (beneficiary) against the dishonour of electronic funds transfer instruction as are available to the payee under the Negotiable Instruments Act  and you can be punished if you fail to clear the amount. There is RBI circular on same and rules are accordingly framed. 

See if there is complaint you need to contest but ultimately you have to pay.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

When you receive a call next time, you may collect the details of the person who calls you and the particulars of the so called case filed by them in the court.

This is the technic these recovery agents adopt by calling on some number stating that an inspector is calling from so and so place and there is a case pending in the court on so and so etc.

Dont become panic on such messages, they may not be able to file a case agaisnt you before issuing a legal demand notice to you.

Further if at all there is a case filed in any court you will get summons from the concerned court hence you can remain silent until then.

 

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

file a petition under the provisions of Insolvency and bankruptcy code before DRT if you satisfy the tribunal of your insolvency, all criminal proceeding will stay till the disposal of this petition. Provided you or your spouse do not hold any immovable assets.

Robert D Rozario
Advocate, Kolkata
24 Answers

5.0 on 5.0

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