Unable to pay the personal loan EMI Unable to pay the personal loan EMI

4 years ago

I am being unable to make the payment due to I have lost the job and they threatening me to make the payment if not they will come with the police to arrest and jail me.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
The financiers and bank people cannot force you like that and it being a civil transaction they have to go to Civil Court and cannot go to police station.
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ICCI Bank Limited vs. Prakash Kaur case,

The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.

"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.

The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.

It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.

Please take PAID phone call with me through VIDHIKARYA and get more legal guidance.
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Abhimanyu Shandilya

Responded 4 years ago

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A.That is just a false threat. Police will never come to arrest you for non-payment of EMI.
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