Complain against money lender

2 years ago

My father has taken loan of 1 lakh rupees on August 2019 from a non licensed money lender at the interest rate of 10% per month and after that my father having financial issues but the pay the interest amount of Rs 10000 per month but on 7 July 2020 he got accident in which his hip joint has broken and the having some blood clots on his brain so he had memory loss few months after this incident money lender came to my home and the tell us your father taken 4 lakhs with me and you need to pay. I said why should I pay show me the proof and the shown his personal diary where he written the date name and amount and he is forcing me to pay .My father medical condition is not good and the money lender is taking advantage of it. So what can I do

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Anik

Responded 2 years ago

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A.Hi,
You don't give the money unless until he shows you the proof. If he threatens you, please file a police complaint. You can sue him in court for mental harassment and criminal intimidation under IPC. Please contact a lawyer.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.You have to ask that money lender to produce his money lending license specifying the maximum rate of interest which a registered money lender can demand because Carrying on money lending business without license debars a person from doing money lending and recovering the amount through Court. So, a loan advance by that money lender who is doing business of money lending without license is not a debt and if that Money Lender tries to harass you,then lodge complaint against him before the SDO for his punishment be it by imprisonment or with fine.

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Abhimanyu Shandilya

Responded 2 years ago

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A.If he has no proof apart from his diary to show then ask him to go to the court and file a case for his due amount. He cannot go to the court for two reasons. One he does not have any agreement or proof to show in the court that he had given any loan. Second that his business of lending without license is illegal.

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