Legal Question in Consumer Law in India

hello sir ,sir i had applied for a 20 lakh (loan against property) loan by giving mortgage of my house in 2006 feb ,i got the amount from bank but due to some reasons i didnt require the amt so i was going to surrender the amt to bank but my uncle told me not to surrender the loan give it to me as i am in need let it be in ur name i will pay the futher installment so i gave a cheque in his company name till 2009 my uncle regularly had given installments but in feb 2009 suddenly he stopped giving installments now bank persons are saying to give installments or face auction of my house so sir plz suggest me what action i can take against him as their r three partners in his firm (uncle,his sonand my father)in his firm he is the managing partner(share=55%35%15%)plzzzzz suggest what i can do tfor recovery of money


Asked on 4/24/10, 3:48 am

2 Answers from Attorneys
Mantosh Sarkar M.Sarkar & Associates

Since the entire deal was done on the basis of good faith. You first calculate the amount

you had transfered and the reimbursement thereby. See what is the difference. Perhpas

your uncle is in the apprehension that he has met the amount he has received.

On calculating if found you owe money then serve a lawyers notice to re-imbusrse,and

on non-compliance you have to file a civil suit by a proficient lawyer.

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Answered on 4/24/10, 7:07 am
Pravin Vaidya Independent

Serve the notice through the lawyer to your uncle & his firm to demand your dues with details of accounts and advise them to face legal action if they fail to pay your dues.Thereafter a only a civil case can be filed in the court of law as no criminal offence appears to have been committed

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Answered on 4/24/10, 5:24 pm


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