Querist :
Anonymous
(Querist) 21 August 2010
This query is : Resolved
Sir got a credit and I have gone settlement for the payment issues.I have got 6 installment in cheque to the amount within the periods of 6 months. but i Have payed in 12 installment monthly by cash with the period of 12 months + before the settlement they got 750 Rs. but now they asking me go for another settlement because "the settlement you have taken before is null and void" or you arrested for cheque bounce case under 138 act what can i do for that help me
adv. rajeev ( rajoo )
(Expert) 21 August 2010
Whether have they given any notice regarding dishonor of cheque? From your question it seems that you have cleared the debt of the bank. When bank is forcing you for another settlement and blackmailing you that they would file a 138 case, you issue legalnotice to the bank that debt is cleared on so & so date as per the settlement dt : and also mention the cheque Nos; which are with the bank not to use them and return them immediately. And also inform the same to the bank whose cheque is used to stop the payment of the cheques and inform the same to the bank who has threatened you.
s.subramanian
(Expert) 21 August 2010
You issue a legal notice to the bank seeking no dues certificate since you have cleared all the dues. If they don't oblige,approach the banking ombudsman with a complaint against the bank. If there also,things do not go properly file a complaint before the consumer forum without waiting for long.
Shashikant V. Patil
(Expert) 21 August 2010
You first meet Bank Manager and get the no dues certificate or NIL encumbrance certificate from the bank. If they are intentionally avoiding to do the needful, then issue a legal notice.
Parthasarathi Loganathan
(Expert) 29 August 2010
I concur with the experts but wish to add that the borrower can seek statement of loan account from the Bank and put up the grievance to the Head Office before going to Banking Ombudsman and Consumer Courts.
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