Excess claim by finance company
Nithiselvan
(Querist) 21 August 2013
This query is : Resolved
I had purchased a Laptop from M/s Shamrock systems, Pondicherry through loan from your Bajaj finance limited on 30.08.2006. Loan amount is 32,750/-(Thirty two thousand seven hundred and fifty only). During the above mentioned date there is a Hire purchase agreement had made between me and Bajaj finance limited regarding the above mentioned laptop purchase. Loan details as below.
As part of agreement, advance EMI amount 14,880/-(Fourteen thousand eight hundred and eighty only) had been paid to Bajaj Finance limited by me at the time of agreement. And 14 months EMI has to be paid as monthly EMIs. For this Bajaj Finance limited had collected 14 no of pre dated cheques for 14 months from me. And same Bajaj Finance limited has collect the amount from my account holding bank ICICI LIMITED on monthly basis by providing pre dated cheques.
By 2005 i had relocated to Madurai from Pondicherry and from there i paid the amounts through pre dated ceque
On 27.01.2012 morning 10.00am, I got threaten call from a mobile no; 9080843363 but refused to mention his name. He introduced himself as an advocate calling from Chennai. He threatened me that he got arrest warrant against me, Due to that I had not paid 3 EMIs and before that evening if I failed to pay the said amount rupee 23.240/-(Twenty three thousand two hundred and forty only) at local Bajaj finance limited, I will be arrested.
To resolve the problem temporarily, I had sold my gold chain (21.6grams) and paid the penalty amount 23,240/- at Bajaj finance limited, Madurai. And the receipt also issued to me on receipt of penalty amount. Receipt no: 20014406. The No objection certificate (NOC srl no: 283445 dated 08.02.2012).
And after the final settlement, I had gone through Bajaj Finance limited load statement and my bank account statement and found problem was with Bajaj finance ltd. What they said bounced cheques 2nos were withdrawn from my account(411606/411608)
1. Cheque no : 411606 dated 05.08.2007 and
411608 dated 05.10.2007
Dropped for collection on 01.11.2007 by Bajaj finance limited from my account.
2. Cheque no: 411609 dated 05.11.2007
Dropped for collection on 21.11.2007 by Bajaj finance limited from my account.
So 3 cheques had been withdrawn from my account on same month itself, without any prior notice to me
3. Cheque no : 411607 dated 05.09.2007
Not processed for collection itself.
Kindly suggest what i can do to get my money back
V R SHROFF
(Expert) 21 August 2013
Issue Notice to Bajaj fin/ demand clarification and explanation with demand to return you your money.
Take action after their reply/ or no reply..
ajay sethi
(Expert) 21 August 2013
before making any payment you ought to have obtained statement of account . pointed out discrepancies if any then made payment . once you have made payment in full and final settlement difficult to get back any refund
address letter to bajaj finance pointing out that cheque had bounced as cheque have been deposited in same month without any prior intimation . to waive off penalty charges .but the fact remains that you had issued these cheques and they have bounced on presentation
Nithiselvan
(Querist) 21 August 2013
in that situation i couldnt think and they threatened me. Any way i am clear that they claimed excess and matched with my bank statement. since if they produce the cheque to my bank and it gets bounce this will definitely reflect in my statement and so far not happened like this wrt my bank statement.
Local branch doesnt takes this is issue to their side. they asks us to take it up through customer care mail id. but their is no proper reply from customer care. every time i follow they replies their team under resloving the problem.
Raj Kumar Makkad
(Expert) 21 August 2013
You can serve a legal notice in the given facts to get the proper reply of your problem.
Rajendra K Goyal
(Expert) 21 August 2013
Send legal notice as advised by the experts.
