Require legal advice for the unpaid loan from the year 2012

[Shailendrathinker882]

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Shailendrathinker882
PARTICIPANT
April 28, 2025 at 10:20 am

My father had a taken a consumer durable loan from the the Bajaj Finance and missed to make a payment of the last emi amount of Rs.2100 which we were unaware of. However, today we got a call from the local police station mentioning the Bajaj Finance has a filed a civil case for cheque bounce and one case under NI Act for recovery of the loan amount accounted to 25000 for the span for 10 years. Require advice if the financer can still make complaint even if the loan is upaid for more than 10 years. We haven’t received any notice requesting of the loan repayment for the past 12 yeards.

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[Swaraseeker149]

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Swaraseeker149
PARTICIPANT
April 28, 2025 at 10:27 am

Did he miss one payment or he hasn’t paid a dime ?

What exactly is your question? That if you can skip paying the loan at all ?

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[Shailendrathinker882]

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Shailendrathinker882
OP
April 28, 2025 at 10:32 am

He has missed the last emi of the loan duration, rest all were paid on time without any late payment.

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[Indianfox5953]

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Indianfox5953
PARTICIPANT
April 28, 2025 at 10:45 am

Looks like the suit should be barred by limitation.
Also, when was the cheque issued, and was it to repay that loan?

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[Shailendrathinker882]

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Shailendrathinker882
OP
April 28, 2025 at 10:53 am

Cheque was issue at the time getting the loan in the year 2012, the bank is now merged with Union bank and i guess they can’t present the cheque at the bank.

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[Indianshivansh3984]

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Indianshivansh3984
PARTICIPANT
April 28, 2025 at 12:33 pm

1. The Limitation Act would apply. Bajaj Finance will not have solid grounds to file a S138 NI case unless they can somehow prove that they have an acknowledgement for the said loan within the last 3 years.

2. In any case, even if they have filed a case, you would first receive a court summons. Only if you fail to appear would the police be directed to get involved, as in most cases, defendants do appear when they are summoned.

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