Forum Replies Created
-
Posts
-
VYou can always say that you borrowed for an EMI, and you’ll pay that back. It is better to pay 4-5 EMIS than bearing the burden for all instalments. But to recover that also, he will need to hire a lawyer and sue you. Do you you think that he will go to the extent of paying a lawyer and going to court for a few EMIS? I think it is less probable.VA lawyer here.
You cannot and should not give the bike to the bank. First, they cannot auction it to adjust money against your liability without declaring your account NPA. If they declare your account NPA, your CIBIL gets hurt. Besides, the auction money is way too less to completely set-off your liability. The bike will get sold at a lesser amount than what it might attract if you try to sell it. The remaining deficit amount will still be there and you’d be required to pay it. So the problem will not get solved, and you’ll lose your CIBIL too. So, this is a bad idea.You have two options. First, sell the bike in the market and use the money to pay off as much debt as you can. But you will still have to pay the remaining amount.
Second, send a legal notice followed by a civil suit for recovery of money. This would be a good case only if you have some proof that the bike was purchased for him at his instance, and that he promised you to pay all the EMIs. If you don’t have that, there is little point in jostling in courts.
And no, he cannot file a case against you for selling the bike IF the bike is in your name.
Lastly, a little trick: if he is in the possession of the bike, register a FIR alleging theft – that he stole your bike. You’ll get the bike, he gets the trouble, and then, maybe, he understands.
Edit: You can also sell the bike to someone, and ask him to get the EMI transferred in his name. It is possible and is routinely done with vehicles under loan.
VA lawyer here. Sorry, but you have landed up with a wrong person. You should not have been the one to pay for her legal fees. Nevertheless, even if her husband has found out about you, he cannot harm you in any legal way. There is no punishment for what you mentioned. At most, he can get notices served upon you to testify whether you had a relationship with his wife. If you say yes, the consequence is for wife – she gets divorced, loses some maintenance, and also reputation. But no criminal action lies against you.Now comes my personal advice: run, run, run!
VA lawyer here.
It was a gross misconduct on part of your proxy counsel to appear on behalf of you guys without seeking authority from the first engaged advocates. It is against ethics, it is against the law. He will suffer disciplinary action (that might include suspension from practice).VA lawyer here.
No. Only DRT can stay SARFAESI proceedings.
High Courts used to, but after SC’s recent orders they have stopped now. If you want a stay, you have to apply to the DRT itself.VIs it worth doing? No.
And nothing worthwhile can be done in consumer court without paying a decent legal fee.VA lawyer here. You can get a legal notice sent followed by a civil suit for money recovery against the seller. I hope you have made the payment through bank instead of cash. If you have a purchase order or invoice for that transaction, that’s a cherry on the top. It is not a hopeless case. You must give it a try.You also don’t need to be in India to get this done.
VA lawyer here. Which city?
Hire a lawyer for a very simple and short reply seeking details of the card and a copy of the application form. State therein that you reserve the right to initiate criminal proceedings for forgery.
Whether you receive the same or not, file a consumer case against the bank for issuing a credit card without consent (RBI regulations bar it). The case will ensure that your version – that you never applied for a card – arrives on judicial record. Otherwise, the bank might sue you for principal and interest, damage your CIBIL, and place you in a defensive position before court.
I’d suggest: don’t ignore it and act speedily.
