Lok Adalat-Pre-Litigation

A prelitigation  case before lok adalath can  be nogotiated and on mutual agreemtn  between the parties to be   decided by passign   Award on settled compromise   .  with out the other party ,it  can not decide .  If  other party is not attendign before the lok adaltathe  , the petitoner will be adivsed to approchch regular civil court . it will be recorded that the other party not attended before the lok adalath .There  is  no compelling procedure .

, I  advise you,  if you are  interested in Settlement  with the said  Credit Card Company  , you can send  any person on your behalf before the lok adalath  and inform the lok adlath that you are  not in india and you are unable to attend the lok adalath   

alos see the view wxpressed by other memebrs under Expert  post ;- Credit Card unsettled balance , posted by you

i have been regular in my payments with SCB i have 4 months EMi due to SCB i have lost my job so unable to pay at this stage. the loan is getting over in dec 2010 this year. i got couple of calls from collection i told them my situation but still they continued calling me and then they stopped , and suddenly i have got a message on my cell that i need to be present in lok adalat and also received a letter which seemed from the court so i didnot accept . the bank has messed up with my loan account from the day one i got the personal loan , scb didnot sign the ECS mandate form due to which my bank rejected the ECS presented by them till such time they did the needful but in the process i ended up paying a lot of penalty to my existing bank and also to SCB as they kept charging me for all the penalties . now since my loan is on the verge of closure i wanted them to adjust the penalties that would amount to approx 10,000 /- in the last few emis but instead of me going legal they went legal . so in this senario what should i do i cannot pay any money at this stage but manage to pay just 1 instalment for the time being . what should i do please help .

Dear Madam?Sir,
I am the complainent in a case booked a Private complaint in the district court in Karnataka against 3 accused persons of Tamil Nadu and the case was reffered to COD/Fraude detection Wing. The concerned authority submitted tha charge sheet agaist accused 1 & 2 with accused no 3 dropped from the charge sheet.In the said charge sheet the accused 1 & 2 are shown abosconding.
Now the Hon'ble court has issued summons and accused 1& 2 are still absconding. In the present scenareo the accused 1 & 2 have sent a messege that they are willing to settle the matter through the lok adalat. But they are not in position to attend the lok adalat and want to send the representation to lok adalath. The charges are 418 & 420 which squarly attracts chit fund banning act.
The accued no 1 & 2 are ready to return amount.
My query is;
Can the accused 1 & 2 send representation to Lok adalath and settle the matter?

 

Dear K 12345789  ! 

You can file  a case in Lok adalath against  the Accused for Civil Remedies - Settle the mater out side the Court and after settlement  of the Terms and after  drafting compromise  Memorandum file the compromise before the lok adalath and record the Compromises in the presence of the Defendant / accused  and on the same day file a Petition to Withdraw the Criminal Case  against  the accused - if it in the nature of compromise ! 

Sir,

Thanks. Here the issue is both the accused no 1 & 2 dont want to visit the lok adalat court. Instead would like to send some one on thier behalf to solve the issue.
In the Lok adalat as I know the presence of both the complainant and accused is required. Is it possible that accused can remain absent by sending representative to sing before the court?

Some one please help me out of this situation,

Mr K123456789 

It is true that both parties shall be present  before the Lok Adalath for any compromise  and recording compromise  to pass  any  Award/Decree / orders  !

The Details of subject matter of Compromise are not available - Compromise regarding  any Immovable Property  ! 

However- If documents and dispute  pertaining to   property- Documents  -  you may execute  the Compromise  memorandum / execute Documents   and  Register the same with SRO - and file  the Copies of the same through any Representative and represent before the Lok Adalath - Lok Adalath will insist for  personal presence of  Parties for Compromise and recording  compromise .

Dear Sir/Madam,

I had lodged a private complaint in the Hon’ble District Court under sec 200 of Cr.P.Code against 3 accused offences charged under sec 403, 406, 418, 420 R/W 34 of IPC and under sec 66, 71, 72, 81A & 85 of Information Technology act 2000.

These 3 offered me a distributor for their textiles bussines, but chanelled all my amount into MLM (Multi Network Marketing) there operated from Tamilnadu. As I denied and went to tamilnadu to the place where accused 1 & 2 lived as per the address, but found to be a big fraud. Looting 500 crores as per the paper news. However there was no complaint against them, just a FIR in tamil nadu and no further action.

My case was reffered to Cyber crime, and fraud detection wing through COD of Karnataka.

Accused no 3 who provided the internet support surrendered to the court and obtained antipatry bail but could not get the main bail as he was found to violate all the conditions listed in his antispatry bail. However the court observed that “the agreement between accused no 1 and 3 is valid? Can the accused no 3 avoid his laiabilty is matter of investigation and trail” in his antisparoty bail.

Accused no 3 did not get the main bail. The Investigation Officer managed to delete the name of the accused no3 from the charge sheet temprorily. In the charge sheet the charges where under 418, 420 and chit fund banning act against accused 1 & 2 and further mentioned that accused 1 & 2 are found to be absconding.

The court issued summons to accused no 1 & 2, and now the accused no 1 & 2 have sent their advocates for settlement. In my complaint I have 10 witnesses who are also investors, 3 other witness are included by the Investigating Officer to protect one of the accused by making him as witness (actually he was the person who brought these accused into Karnataka and Andhra Pradesh and he has taken more then 11 lacs in the name of accused no 1 & 2 from people).

The accused no 1 & 2 are afraid of one of the these 3 witness, hence are not willing to be present at the Lok adalat. They want to settle my account and the people under my ID (list provided to the court in my complaint).

The witness are ready for the settlement and are willing to sign a affidavit also.

The issue here is,

1. Should all the witness be present in the lok adalat court?
2. Can the accused send their represtatives through GPA and the money to the lok adalat to settle the matter?
3. Is there any other way out?

Hence I request you all, is there any way out?

Thanks

vodafone has sent me a postpaid bill and they are showing that i have a due of RS1300. i never applied for any postpaid connection and astonised after getting the bill in hand. they also served a legal notice that mentioned that they are moving the case to the lok adalat .i want to know that what happen if i dont present in the court on the said date of hearing cause i stay outside of my state.

Hi Sir

This is regarding pre-litigation cases

I have got a letter this morning saying my mother has got debt of amount 75000 and now she has to pay 304500. she got that amount on 2 august 2004, the sad part is she passed away due to severe health prob in the year 2008, followed my mother my father also passed away in the year 2014 and i am clueless about this scenario. How do I face it, and I cannot seriously afford to pay this huge amount since i am just a passed out student searching for a job.

Pls reply ASAP

Thank you