Harassment by assistant collector rcs delhi
New_User15
(Querist) 09 June 2017
This query is : Resolved
Hi Experts,
I have the below query
Assistant collector RCS Delhi, is attaching the salary of my brother who works in AAI. Below are the facts
1. My brother is member of multiple T&C Society, and he has given surieities of people also in multiple socities.
2. All this membership was made by agents of respective socities, who got all the documents , surieties executed.
3. On receiving the membership, my brother has taken loans/credit from various socities.
4. In cases where my brother is surety ( every member has 4 suirities ), and the Principal borrower is not repaying the loan, Assistant Collector has been sending order to his office for salary attachment for recovery of dues of Pricipal Borrower.
4a. SOme of the members are working as government employees, and some are not working.
4b. No action has been taken against any other suriety for same Principal Borrower.
5. When salary attachment for surities was not enough , Assistant Collector issues attachment letter to Bank where the salary of my brother is credited.
6. Assistant colelctor in collaboration with all T&C society has taken him as an easy pray to recover the money and has trapped him.
7. Due to all these attachments, he is not able to repay the loans taken by him.
8. His salary and bank account to the extent of 95% has been attached, and he is left with no money to run his livelihood.
Now my query is:
1. Is Assiatnt collector in legal rights to issue all the attachment letters against my brother only and not catching any of the Principal Borrowers.
2. Can a legal action be initiated against Assistant Collector for misusing his duities and collaborating against my brother.
3. How can the salary attachment be removed, so that my brother gets some amount atleast to repay his loans?
4. What sort of legal action be initiated against Cooperative societies for providing incorrect information to Assiatnt Collector, and trapping my brother.
Dr J C Vashista
(Expert) 10 June 2017
Another story of anonymous author, no reply.
Guest
(Expert) 10 June 2017
Recklessly becoming guarantor for any and every member of different T&C societies can result in to such a grave situation. Your brother should better understand it at least now.
You have not intimated whether the case of your brother was referred to the sole arbitrator of the society and with what result?
However, point-wise replies are as follows:
1. Yes, he can attach salary of an employee against dues of cooperative societies.
2. No legal action is called for against the Asstt, Collector, except filing an appeal and fighing the case on merits in the HC.
3. Close the existing salary account and change by opening of a new account and get that recorded with DDO, as a new salary account.
4. Same as suggested against item #2 above.
Kumar Doab
(Expert) 10 June 2017
Shri J C Vashista has already rated the query as anonymous.
So it could have fetched NO reply.
Guest
(Expert) 11 June 2017
IT-@ Imposter and fake expert, Kumar Doab
(Your own favourite term, "IT" is used for you)
If anyone "has already rated the query as anonymous," how you are concerned with that?
Further, when you say, "So it could have fetched NO reply," why you replied to make a vague post against the anonymous query?
That itself proves that you make posts just as of a remedy to your chronic disease of making vague posts just to appease your soul."
