Hi all,
I dont know whether this is is the right place to post in.
Follows is my experience with a retd Army Major General, in bangalore. Like we carry the phone number of a family doctor for emergency, i strongly feels it is equally reasonable to carry the number of a lawyer also.
The biggest mistake i done was i didnt tried to get a lawyer.
Last week i met with a minor accident. My car and other one brushed against each other in the bumper to bumper traffic at jakksandra. The other car got few thin line scratches on the side (the portion after the front door), while mine didnt have any. The driver of the car introduced himeself as a Retd Major General and showed his Id. He is also told me that he is currently working as a consultant. Since he is an elderly person and having a reputed background i thought not to get into the 'whose mistake ' kind of arguments. Since he told me that he is a rtd person, I offered him the claim charges if he is going through insurance. He told me that he will be losing the no claim bonus by doing that (the particular car is a first generation honda city, where the no claim bonus will be expected to be minimal or null). I told him i can give you the no claim bonus benefit for next 2 years, if you are so special about it. He told me he dont want the no claim bonus to be gone (at that time i guessed he said so because he thinks being on no claim, is an achievement - i had seen many who boast on this grounds earlier).
Then i told him that we can report to nearest police station, so that you can get the insurance from mine, and for that i can give him a no objection for that). He replied he is an old man, and is on the way to a party and also is not confortable in going to police station. Since the damage is only 2-3 hair line scratches, i though to compensate him the expenses. Since i promised this he asked me to give the same in writting. I didnt hesitated, to do so.
Mistakes:
1. Being Kind
2. Involuntuarily accepting the accident as my mistake, which is not easy
to establish by the way both cars are positioned on the road.
My reasoning was i should help the old man, in what ever possible way i can.
3. Assumption that a high rank officer person will have self respect and dignity
4. Give the acceptance in writtings.
Next day he called me and informed me that it is only a minor damage and is not expected to cost much. 2 days later he gave me a call and told me that it costs 16K !!. I met him in front of his house .He told me to come inside, i hesitated. The fact was i was bit disappointed on the amount he had quoted. Also I was in a hurry to go back, as my kid was also with me after the school. I told him, you would have chosen a normal place rather going to an expensive workshop. I told him - though i am not convinced about the amout i am paying you becuase i want to keep my word. I was in the assumption that it was the workshop who overcharged. I gave him a post dated cheque . I also added that i dint expected this from a person of your kind - going to an expensive place, just becuase someone else is paying is truely unethical. He seems bit pissed of with the word 'unethical'. Till this point i was in a fool's world where a person of his kind will not misrepresent facts.
Mistakes:
1. Giving the cheque with out verifying the details.
2. Missed to take a written note from the receipient that, the cheque is a
guarentee cheque, conditional to verifying the details.
Next day when my friends expressed doubt over the amount, i called up the workshop where he gave his vehicle. To my surprise, he had added all his personal repairs. The workshop service advisor in turn admitted this. Now only i realized why he was hesitant for insurance initially. I repeatedly tried to call the general. He didnt picked the phone. I smsed him that i am going to block the cheque if you didnt respond by end of the day . Afternoon, i went to his home and told his wife that - Since your husband didnt came forward, i am going to block the cheque and You can go ahead the way you want, since my promise was purely on moral grounds to help an elderly person - which is now misused, rather than a legal obligation.
The drama started next day. My companty HR got a call. I told her that this is part of my community living, which i can handle myself, and i have utmost trust in the law of the land. After some time, I got a call from the police station that there is a complaint against me. The legal guy from oldman's company was present at station. They told they are going to file a criminal case for blocking the cheque under negotiable instruments act. When i told them that check blocking for a post dated cheque cannot come under negotiable instruments act, he shifted topic started arguing on the promise and the writtings i gave (My foolishness/short thinking started biting me now!!).
I Sensed that they are on an arm-twisting game, using the name 'Major general' having more reputation than a mere 'software engineer' (Even the inspector itself was intially talking as if the fault is on my side). It took a long time for me to convince the Inspector that fault is not my side. He told the lawyer to get only the tinkering/painting charges from me, which i promised him earlier- rather going for full amount.
The inspector also told - dont waste his time , rather settle the issue between ourselves.
We went to workshop and saw the army guy's car. I personally spoke to the service in charge, he admitted that the army guy had done unrelated repairs, but he have restrictions in opening out his mouth on this. The lawyer said, his client is open to negotiations to bring down the amount - provided that i have to admit that the whole is caused by me!!. I sensed the danger and told him to give me some time.
Meanwhile i contacted one of my batchmate, whose friend was an inspector in that particular station earlier. He had spoke to him. The officer told my freind to inform me that not to give any money. And also, he will be talking to the inspector to help me out. I went back to the station, met the inspector. He had softened a bit . He told me - We have to intiate the proceedings as per the complaint, if it is not resolved in a reasonable time.
When i explained my side again. He replied - It is too late, and it is you who behaved as a fool.
By the time i got a call from the traffic poilce station - there is one more complaint against me. They also threatened about negotiable instruments act - as if i dont know what it is.
The scene is very clear, now. I am sure that the private petitions he had filed regarding the incident cannot stand in any court of law, and is just a pressurizing attempt. They are also aware of that. The lawyer hinted the subsequent intention of his client. I can expect more cases resgistered against me in multiple police stations in coming days. By the time they would have realized my background - running a middle class nuclear family, whose dont have much time to relax or fight. As a desperate attempt to win, it is much likley that one or more fabricated criminal cases also will be enrouted, to pressurize further :( .
I was left with two options
1. Ask him to go ahead with legal proceeedings.
Even it run for years, wait for the day till I expose the oldman.
2. Accept what ever he says. Forget about the money.
I was forced to go for option 2. The time and money i need to spend for fighting for justice will be more than the money he is asking. It will be too much to allocate time/money for this, though i will be forfieting my justice.
End of the incident
1. I lost money.
2. The police was very nice except in the begining.
seems they are also helpless, assuming the reach/contacts of the army guy.
3. The lawyer later expressed his helplessness, and said it was part of his job though he was not personally convinced about the whole activity. - NO USE
He admitted it was his client's ego, which made him to get into the extreme.
He hinted me that his client is nearly in a mad state, and is even thinking about doing things out of the way by shelling out money (i rightly guessed it after the second call from traffic station).
4. Lost half a day
5. The old guy gave me in writting that he got the money and does not have any more complaint, so that petition will be withdrawn.
Considering the extremes/aproaches as well as the individual's crediblity and honesty on the episode so far, I dont wonder even if it comes back and hounds again :).
This day is an unforgetful day. The paradox is you tried to help a person, and the same person try to harm you for the same reason.
