Harassment and humiliation Harassment and humiliation

5 years ago

I sir/madam, I am 31 yrs old lady living with my parents currently. I have a 1 sister n brother, and I'm the only earning person of my family. My father is pensioner with 2k pension monthly.he took a loan from 1 lady who lives nearby to our house which was around 4L when he was working for which he haven't made any legal document that he is taking this amount from this lady, and when he got retired from his job so all pension which he got from his entire service he paid entire loan amount with interest, in which only 75k was pending that time so we told her we will pay it later 1s we have some cash, but while taking loan as thr r no legal documents r made while paying her back also we haven't made any legal documents.but now that lady visits our house ever now n then standing in door only use bad words towards my family I want my money back and it's around 6L now. So give me your house if pay such amount, she also humiliate us while on road also, use bad words towards me n my family. My mom is already a heart patient my dad is above 60. I tired of her behaviour, I'm lot frustrated also. I don't know what to do, plz help me

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client your query is not clear for legal opinion and legal resolution.kindly provide more clear detail or contact with vidhikarya lawyers
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.typographical error: Alternatively you can file a criminal case against her u/s 156(3) CrPC or u/s 190 CrPC
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. You did not mentioned whether she hold a money lending license. If she does not have a money lending license and doing such business without a license is illegal and attracts penal provisions under the Money Lending Act. Further you did not mention about the rate of interest. The maximum rate of interest for a licensed money lender is 18%-21% which varies from state to state. If she is holding money lending license and over charging interest rate her license would be cancelled. Check the Money Lending Act of your State.

Lodge a complaint with the local police station under the penal provision of the Act along with extortion and criminal intimidation. If local police do not register your complaint as FIR, then make a written representation to the SP/CP. Alternatively you can file a criminal case against her u/s 156(3) IPC or u/s 190 IPC. Contact a local lawyer from Vidhikarya. I am sure once you file a criminal proceeding against her she will come to her sense and be a good samaritan.

Example: Under Maharashtra Money-Lending (Regulation) Act, 2014, section -

39. Whoever carries on the business of money-lending without obtaining a valid licence, shall, on conviction, be punished with imprisonment of either description for a term which may extend to five years or with fine which may extend to fifty thousand rupees or with both.

44. Whoever charges or recovers interest in contravention of section 31, shall, on conviction, be punished with fine which may extend to twenty five thousand rupees, if it is first offence and with fine up to fifty thousand rupees, for the second or subsequent offence.

45. Whoever molests, or abets the molestation, of a debtor for the recovery of a debt due by him to money-lender shall, on conviction, be punished with imprisonment of either description which may extend to two years or with fine which may extend to five thousand rupees, or with both.
Explanation.—For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,—
(a) obstructs or uses violence to or intimidates such other person, or
(b) persistently follows such other person from place to place or interferes with any property owned, or used by him or deprives him of, or hinders him in, the use thereof, or
(c) loiters near a house or other place where such other person resides or works, or carries on business, or happens to be, or does any act calculated to annoy or intimidate such other person,
shall be deemed to molest such other person.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Madam
I want some more derails. I think u took the loan promising her thar u will return her with heavy interest.
The market money lenders charge heavy interest .
Contact me through vidhikarya.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ambrose Leo

Responded 5 years ago

A.hi,
You have to share details for relevant advices, Some of the States have enacted Laws to protect the borrowers from money lenders clutches.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Kindly provide me some more details. When u took and returned money.
Helpful
Helpful
Share
Placeholder image

Anonymous

Replied 5 years ago

In 2010 we took the loan and returned it in 2013 we paid her amount from my dad total pf when he got retired

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.get solved your problem through an advocate sponsored by vidhikarya.com
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers
A.Dear Madam,
Ask her to go to civil court if she has any documents. File a pri9vate complaint for giving trouble.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

View All Answers
A.give a written complaint to local police with complete narration of all these. Asking Police to stop harrassment from her. keep an endorsement of the complaint and a copy. Ask the police to tell those people to go to Court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFor bank loan
Dear Client, the loan amount must be repaid by the legal heirs of the deceased or the nominee by the deceased if the assets would be frozen by the bank. there is no other legal remedy to non payment
question iconBankruptcy and Debt
Dear sir, You may join any reputed NGO and render your personal service where you can get at least free accommodation and boarding.
question iconStrong Legal Notice--Recovery of amount
Dear Client, Unfortunately, there are no legal remedies for illegal issues. A contract for an illegal purpose is void from the beginning and in case such an illegal act is revealed from any source, bo...
question iconBajaj Fin Overdraft loan default
Dear Client, A borrower of a loan or debt is held liable personally for his or her debt for non-payment of the outstanding amount of the loan. Once the repayment of the loan stops or bounces for cons...
question iconUnsecured busniess loan default
Dear Client, Under the CGTMSE Scheme, in case of default by the borrower subject to the overall guarantee cap amount, the liability of the Trust in respect of credit facility shall be in case of Term...