Consumer Court Forum

Consumer Court Forum

Consumer Court > Consumer Court Forum > Consumer Forums > Business & Finance > Loans > can any institution sue the borrower evenafter paying the due for the bounced cheques

can any institution sue the borrower evenafter paying the due for the bounced cheques

This is a discussion on can any institution sue the borrower evenafter paying the due for the bounced cheques within the Loans forums, part of the Business & Finance category; i ahve an instance of harassment unduly by a financial institution.i want myself clarified first for the cloud of doubts ...

     
Reply

 

Thread Tools Display Modes
  #1  
Old 07-24-2010, 01:27 PM
Junior Member
 
Join Date: Jul 2010
Posts: 1
Exclamation can any institution sue the borrower evenafter paying the due for the bounced cheques

i ahve an instance of harassment unduly by a financial institution.i want myself clarified first for the cloud of doubts prevailing in my mind about the legal position:-

the case is as follows.
it is a hirepurchase agreement for car.at the time of execution the institution got the ECS mandate from me.subsequently due to the slowdown in my industry and the natural calamities the business could not flourish as has been estimated and the remittance to my a/c for the bills due to em happen to come irregularly disabling me carrying out the earlier commitments.result the ECS mandate could not be made use of by the financial institution.there were instasnces of cheeque(ECS) returns.but every returned instrument (instruction of ECS unpaid)has been mad good subsequently by demand drafts under proper receipts by the collection agent of the institituition.In the meantime the institution nhas used the cheques given for security to collect the instalment which cheque also got bounced but subsequently mede good by demand draft.The institituition got a lawer notice served on me for which i replied that the amount due for the returned chque has been paid under proper receipt.now thwere are 3 EMI s due for the a/c out which one is for the current month and the rest yet to fall due.At this juncture the institution got the audocity to file a criminal complaint against me for the retruned cheque , though the it has realised the amount due for the said returned cheque.how is it justifiable.what is the remedy open to me.Is the institute entititled under the process of law to file a criminal case though it has realised the money due for it ,just under the technicality of the law in the name and under section 138..can anybody suggest me the correct course of action and the remedies open to me.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads

Thread Thread Starter Forum Replies Last Post
Non-clearance of LIC Cheques by Corporation Bank, Trichirapalli 620 001 kdganesh Insurance 0 07-21-2010 03:17 PM
Cheating by Sahara Non baning financial institution pranay20k Banking 0 07-10-2010 01:17 PM
Tatasky not attending disconnected evenafter complaining since 5 days Unregistered DTH 0 06-30-2010 05:30 PM
Cheque Bounced Shilpa Kannoujiya Business & Finance 0 06-12-2010 10:51 PM
Cheque Bounced :- LIC Housing Finance Ltd. SHREEKANT GUPTA Business & Finance 0 06-07-2010 12:17 PM

This website is not associated with any Government entity in any way.
Website owner is not responsible for any information posted on this website and the content belongs to the posters.
All times are GMT +5.5. The time now is 10:01 AM.