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Parthasarathi Guha (Partner)     22 August 2018

Can court send to jail to a credit card defaulter

Can court send to jail to a Credit Card Defaulter when he didn't gave any PDC cheques which was bounced and neither gave any security to bank.. He also don't have any movable or immovable assets in his name like,house,flat or car and also he don't have any bank balances. He was used for that card for last 10 years and timely paid all bills. Earlier he takes loans from it and timely repaid it. 2nd time he took loan for 5 years and after 2 and half years of timely repayment, due to some problem he was jobless and won't pay the dues.. In this matter what court will do??
 



Learning

 4 Replies

K Chakraborty   23 August 2018

Nothing will happen... say to bank for full and final settlement on the POS.... don't pay more than 20% -30% of Principals... Nothing will happen

thanks
9831167690

Kumar Doab (FIN)     25 August 2018

Try for making payment of min. amount due, getting deferred payment option/restructuring the payment of denbt from CC company/Bank.

The reasons mentioned by you may be accepted as genuine reason by CC company/Bank.

You have not posted that you are bankrupt/insolvent.

Generically speaking IT is civil dispuste.

One should not err and commit any criminal wrongdoing..

Kumar Doab (FIN)     25 August 2018

He has borrowed and may pay.

If he wishes and can he may pay the debt the matter and close the matter.

 

 

GO thru;

RBI; Master Circular on Credit Crad Operations

And guidelines for recovery

And

Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, should be deprecated and discouraged

 

Supreme Court of India

M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors on 20 July, 2006

Author: Raveendran

Bench: H. K. Sema, R. V. Raveendran

 

The guidelines which had been laid down by the Reserve Bank of India as well as the Appellant Bank itself, in fact, support and make a virtue of such conduct.

If any action is taken for recovery in violation of such guidelines or the principles as laid down by this Court, such an action cannot but be struck down.

Supreme Court of India

Citicorp.Maruti Finance Ltd vs S.Vijayalaxmi on 14 November, 2011

Author: A Kabir

Bench: Altamas Kabir, Cyriac Joseph, Surinder Singh Nijjar

Kumar Doab (FIN)     25 August 2018

 

Also; from another prespective

Madras High Court

E.Ashok Kumar vs Hdfc Bank Ltd on 20 April, 2011

 

 

Anyone may get tempted to commit illegality, transgression.

One should avoid commiting any instance of cheating, fraud, misrepresentation, breach of trust, illegality, contempt of court etc etc

However one should seek advise from elders of the family, genuinely concerned relatives ( whose future is alos associated with a person), competent and experienced well wishers and seek counsel of a   very able LOCAL senior counsel of unshakable repute and integrity specializing in Consumer/civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, can advise you in person after examining all docs, evidences on record.

There are able counsels at each location.

Check for resuch counsels at LOCAL Consumer/ civil courts, HC, SC…

You can also seek inputs from helpgroups that have their volounteers/office in your location, seasoned PIP’s, NGO's that help CC customers.


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