Legal Question in Credit and Debt Law in India

sir,

please help me in a case registered from hdfc bank in jamshedpur(jharkhand) sdjm court.

i took a auto loan for my car in mar 2010.in this loan my mother was my co borrower/guarantor.

since feb 2012 i was not able to pay the entire emi on time.so i started giving 10000,5000 or sometimes the whole emi of 15561 per month.

last year on 5th sep 2012, i got a letter from the bank saying that a cheque of 46683/- has bounced on 25.07.2012 and you are requested to pay the amount.

i spoke to the bank representative(who was taking the money from me every month) regarding this immediately, he told me sir this is the general process of the bank to send the notice.he told me to ignore this as u r paying some amount every month.

yesterday (on 30/08/2013) i received a summon from sdjm jamshedpur to appear in the court on 22/08/2013.surprisingly the car is in my name but the summon was in the name of my mother, as the cheque they had bounced was of my mother given at the time of loan as the guarantee.

sir i live in muzaffarpur bihar and the case is registered in jamshedpur so it is difficult for me to check its genuineness.

sir please note that i have given approx 80000/- in last year till today on monthly basis to the bank staff(recovery agent in cash not in the bank account).

i have all the money reciept given by the bank staff.

when i spoke to bank representative today to give him 46683/- in the bank account from which the the cheque has bounced, he told me to give in cash. and told me that if you give me the total dues of 200000/- then only the case will be taken back or compromised.and if you give me 46683/- then we will take 4-5 months time from the court and your case will not be taken back but you will get 4-5 months time to pay back the dues.

sir please help me in this regard. i am very much tensed as they have filed the case on my mother who is senior citizen.

can the case be transferred to muzaffarpur on the ground that my mother is senior citizen and female?

what should be done in this case?

can i believe the bank representative that after paying 46683/- i will get 4-5 months of time?

sir please help me...

tausif siddiqui

maripur

power house chowk

muzaffarpur

bihar

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