Legal Question in Credit and Debt Law in India
i took a personal, unsecured loan in July 2005 for an amount of Rs. 50,000.00 with ECS mode of repayment from a private sector bank. I also had to give them undated and blank checks at that time.After 4 months of prompt payments amounting to slightly over Rs10000.00, due to financial problems, i was unable to repay the rest of the amount. End of February 2006, I got a letter (the only communication) from my bank informing me that the payment for the EMI did not go through & I had to pay the amount. At that time, due to severe financial crunch and failing health I was unable to communicate to the bank about my inability to pay them. In the year 2007, I relocated to a new area within the same city where I still reside. The bank had not contacted me any more during my stay in my old house in any way. After I shifted to the new house, due to conitnuing financial constraints, i was unable to contact the bank. Now, after 5 years, the banks have contacted me(I dont know how they managed to get my new address) and informed about my default status & bounced checks status and have threatned me with a 138 warrant( I dont know what that means). I have tried to negotiate a sum with the bank, they are unwilling to negotiate an amount or a means of payment comfortable to me as I have just got a job and trying to straighten my finances. I have expressed my willingness to pay the bank(though not the entire amount) the terms the banks have set now is impossible for me to meet. I would like to know where I legally stand in regards to the loan.
1 Answer from Attorneys
you will have to defend 138 case which is prosecution against you by the bank, ,you can compund the offence by paying amount,however if they are not willing you will have to ocntest the case disputing libaility for the entire amount calimed by the ,if you are suceesful, you will be exonerated or elese you may have to pay the amount ordered by court or will have to face imprisonment ,pls consult a lawyer