Regarding 138 case notice
rohit Gupta rg0211gupta@gmail.
(Querist) 13 February 2017
This query is : Resolved
I had taken one Consumer loan in 2013 , from Bajaj finance approx Rs 20K for AC. Did all payments on time and Loan was closed and same reflecting in CIBIL. In March 2016 I got mail on my registered Email id that your loan has been approved with so much amount. I simply ignored same considering it to be a regular spam mail . After 1 month i got mail from Bajaj that your loan has been disbursed . I replied on bajaj customer care with all details and clarified them i am not the respective person so pl mark mail to the respective person. 2-3 months later that person stopped paying EMI. Bajaj executive used to come at my residence and creating non sense for collection of payment. I simply clarified all past happening to all executive every month . Also i check my CIBIL, that too affected with negative score. I logged in to Bajaj site and saw all papers given for loan purpose. that was some other person, except name everything like father name , address , bank details was different. I also got payment notices from 3 advocates empaneled from Bajaj.
After doing all Research I sent written reply by registered post with all attachments to all advocate, bajaj delhi and bajaj HO. and also claimed for compensation For Next 3 months I have not received any intimation. Now 2 days back i received notice of court hearing reflecting date when i should appear .
Anyone guide me how to deal with this. Definitely i will go for hearing. and how can i claim compensation for all kinds of shocks given by Bajaj.
rajeev sharma
(Expert) 14 February 2017
You have not clarified whether the notices you you received previously were regarding bouncing of any cheque purportedly issued by you.This i presume because you posted a query under Sec 138 N I Act.
Since you have received notice from the court, you have no option but to attend the court. This will also give you an opportunity to examine the documents with the finance company and you may check the signature on he document. File all the correspondence you have made with the bank and deny any liability of loan. If you are satisfied that the loan document do not bear your signature and other document do not pertain to you apply certified copy of all the documents and then file a criminal complaint against all the officer and directors of the finance company.
V R SHROFF
(Expert) 14 February 2017
Go to court. Inspect all Documents and accordingly deal with.
Better go to Bajaj Office and clarify the matter personally. If any fraud, file criminal case against that person who must have obtain loan on your Documents; and involve Bajaj Officials too.
Most Important fact is "WHOM THEY PAID LOAN AMOUNT, BANK DETAILS, VEHICLE DETAILS."
Rajendra K Goyal
(Expert) 14 February 2017
May Proceed as advised by the expert V R SHROFF.
krishna mohan
(Expert) 15 February 2017
You can ask for remittance proof of loan said to have been disbursed and to whom. Normally they finance consumer durables show rooms or two wheeler finance. Most important who paid the initial money? If not your credit or debit card, it may be another evidence to prove that you are not the beneficiary.
Regarding compensation, you can approach consumer forum of your jurisdiction after servicing notice detailing the case...
rohit Gupta rg0211gupta@gmail.
(Querist) 16 February 2017
Thx Experts for your valuable reply .Now come to the question asked by all of you.
1. To Mr. Rajeev Sharma-: Yes I reveived notices from advocates for bouncing of cheque on behalf of Bajaj.
I have already examined the documents in Bajaj Login, same belogns to someone else, only name same. Signature also differ.
To Mr. VR Shroff-: I have not visited persoally due to time constraints but had conversation on phone multiple times but not got any proper reply. They have paid the loan to different bank account not belong to me.
To Mr Krishna Mohan-; In login its showing same had been disbursed to Indian Bank account but i dont have any account in Indian Bank . Also with court notice i have received attached intimation from INDIAN BAnk for the bouncing of security cheque. For your information Loan amount is approx 1.50 lacs.
Guide me further what to do after considering above.
Guest
(Expert) 16 February 2017
Mr. Rohit,
Don't be careless merely with the thinking that the case did not belong to you and to avoid any ex-parte judgment against you in summary suit, if filed, you are advised to attend court on due date and make the petitioner liable to prove if you applied for any such loan, they disbursed loan to you and whether credited any amount in to your own bank account, not in some other person's account.
rajeev sharma
(Expert) 16 February 2017
Mr Rohit as advised by all the experts you will have to appear in the court. You are right on your facts but unless all the facts comes in the knowledge of the court and all the evidences are put before it how the court can fovour you. Attend the court on the date fixed obtain copies of all the documents filed by finance company in the case and make an application for filing the docunt which you think are necessary evidence in the matter and are in the possession of the finance company. File an application with Indian bank under RTI Act giving your complete address, Adhar number and ask them whether you have any bank account with them or was having at the time when the cheque book was issued.Request the court to issue an order to bank to put up all the KYC document and statement of the account o which the cheque was drawn. Engage a good counsel and dont take the matter lightly.
krishna mohan
(Expert) 17 February 2017
To Mr Krishna Mohan-; In login its showing same had been disbursed to Indian Bank account but i dont have any account in Indian Bank . Also with court notice i have received attached intimation from INDIAN BAnk for the bouncing of security cheque. For your information Loan amount is approx 1.50 lacs.
I suggest you to have print out and a letter addressed to Bajaj Finance or to the counsel from whom you received the notice in person to clarify so that they may withdraw the claim against you if your claim is factually correct. But one fact not clear is if you have not issued any cheque and got bounced how they can file a case u/s 138. You may also proceed as advised by experts to protect your interest even if you get a withdrawal confirmation letter from Bajaj Finance to make sure that you name is not figuring again on the specified date of hearing. Good luck to you.
