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Sasidharan Pazhoor (Brand Custodian)     09 October 2012

Lost cheque not acknowledged

Dear Sir, 

I had availed of a loan of Rs.31,825 from a popular finance company, towards the purchase of a PC in April 2008. I had given 12 post-dated cheques for Rs.1928 apart from the down-payment of Rs.12,443. 

 
Due to some issue between their bank and mine a few cheques were not accepted citing - 'not drawn on us'. On the request of their executives, I took back 3 cheques and paid cash towards them. 
 
After the completion of the loan period, I was intimated that one installment remained unpaid. I told them to come and collect cash after returning the cheque, as previously done. But their executives said they had lost the cheque. I told them to give it in writing that they had lost the cheque, and collect the money. 
 
Unfortunately to this day, I haven't received any correspondence from the company regarding the lost cheque. But every once in a while, I get nasty threatening calls telling me to 'pay up or else..'
 
Even today I was harassed by a gentleman who calls himself their lawyer and was told to be prepared for bad consequences if I didn't silently pay up without any conditions. 
 
Kindly advice me on the legal options I have to confront this issue. On writing to the company I got a mail saying that I owe them late payment charges totaling around Rs.10,000/- even though the amount that is pending due to the cheque loss is only Rs.1928 (one installment)
 
Please help.


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 October 2012

You would have inform to your banker for NOT entertaining losted cheque and pay the cash then and there. 

Adv. Nikhil Seth (legal consultant (9867264707))     09 October 2012

have the lost cheque deposited  by bajaj company . It is the company who is at fault for not collecting 1 installment . so not to worry . The onus is on company to prove the lost cheque and any ways you are ready to settle the account by paying 1 installment . If You further get threat calls inform local police against such number and file complain against them. .

Sasidharan Pazhoor (Brand Custodian)     09 October 2012

Thank You, Adv.Nikhil. Your advice is very reassuring. 


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