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UMy dad took out a loan from hero finCorp 3 years back and hasn’t paid the monthly EMI’s in the past year. Just today i found the below attached message on his phone. I myself am a student and he is the only earning member but he won’t be able to clear the whole amount now. Can someone please tell us what to do now. Do we need a lawyer for this? No immediate family who knows anything about law so any help would he greatly appreciated.
All proceedings of this court shall be conducted via video conferencing.
This Court has a pendency of about 7700 cases and dates are being given as per the roaster.
Present:-
Sh. Pawan Kumar Yadav, Ld. proxy counsel for the complainant.
The present complaint has been filed under Section 25 of PASSA ACT.
Perusal of complaint shows that the present matter has been filed after 01.07.2024 and the same falls under Bhartiya Nagrik Suraksha Sahita, 2023 (BNSS Act, 2023). As per proviso I of Section 223 of BNSS, it mandates issuance of notice to the proposed accused prior to taking cognizance.
Let notice be issued to the proposed accused qua the present complaint on filing of PF within 15 days through all permissible modes including speed post, Whatsapp and Email. Tracking report of notice sent through Speed post be placed on record on the next date of hearing.
Put up for appearance of proposed accused on 14.05.2025.
NANDINI SHARMA SHARMA
(NANDINI SHARMA)
JMFC (138-NI ACT) DIGITAL COURT-09, SOUTH-WEST/DWARKA/NEW DELHI
22.01.2025
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Syour dad have to appear on the next date of hearing and if he cant appear any lawyer can appear on his behalf.
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FGet a lawyer. Section 138 matters can get nasty anytime. Try to settle it outside, just reach out to the lender and tell them you are willing to pay.
Also, since hero fincorp is IPO bound they would love to reduce cases in their litigation section of the prospectus.
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UThank you! Do we need a lawyer if we are trying to settle it outside court? like my dad cannot pay the whole amount ( it’s less than 1L i believe) now so if we talk with the bank will it be possible to pay it monthly somehow? Can we push for that? Is there any way to get the added interest and charges removed? I’m so sorry for asking too many questions. Just don’t know what to do and we are really scared.
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FYou don’t need a lawyer straight away but it depends on how the situation unfolds. Tell the lender straight away that you can’t pay the complete amount, negotiate hard with them, trust me even they would want to settle it outside. See what they say and then decide accordingly.
Take it easy, everything will be fine.
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HAdvocate here.. Have you received a legal notice yet? Im not 100% certain if the message you reproduced is legit.. Wait till you receive proper summons from the court before taking any action. 2nd and 3rd para are a big red flag.. S. 223 of BNSS is for examination of complainant and not the accused. While it does say that cognisance cannot be taken without hearing the accused, no procedure for issuing notice at this stage is provided. Also, there is no reason for an accused to appear before court at this stage. Wait for the court to take cognisance and issue summons before taking any legal steps or appearing.
Please note that summons can only be served by a police officer or officer authorised to serve summons.. it cannot be sent on whatsapp, email etc. Also, in the past I have dealt with NBFCs that simply take summons or warrant or order from a different case and edit the content; and send to borrowers to scare them into paying the debt / settling… This generally is done when the amount in question is low. Reason being to file a case and prosecute will end up costing them more than what they may recover.
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UNo, we haven’t received any legal notice. This came as a normal message on my dad’s phone along with a phone number to contact someone to talk about this. Should we contact them?
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HIf you can find the case on ecourts, then it is legit. But still not of much concern at this stage. Don’t go on the next date if you are not able to pay the amount and want to delay the case. Wait for court to take cognizance and issue official summons. Courts have huge pendency and it will automatically take time but if you go by yourself at this stage then it will end up expediting the case for the otherside. Only go to court after police serve the summons to you.
Also, sending legal notice before filing complaint is a mandatory requirement in such cases. So if they have filed this case without sending legal notice then you have a very high chance of winning on this technical ground. That being said best course of action in such cases is to delay the matter till the time you have the money to pay them as the amount involved is not much and fighting the case till the end might end up costing you more.
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