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ask_a_question

Gopinath PG

Posted 3 weeks ago

Sir I have not paid credit card dues , the bank did not sent any legal notice or any intimation. Now the person from bank legal sent a whatsapp msg stating that he will book case under sec 406, 420, 506 , & cease my bank accounts iam confused please any lawyer in Bangalore need to take this case as a challenge & claim compensation for my depression, if any lawyer available please send me the contact
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A. I agree with Kishan Sir.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Raghu  Rajegowda
Raghu Rajegowda Experience: 5 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Gopinath PG

Posted 3 weeks ago

Sir I have not payment for credit card past 6 months my total outstanding 40000, today i received a msg from bank that they book a case under sec 506, please give legal opinion to solve the problem
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A. You will need to pay the money.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Adv. Swapnil S Bhalerao
Adv. Swapnil S Bhalerao Experience: 3 Year(s) Pune
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Pritesh Basnett

Posted 3 weeks ago

Recently it came to our notice that someone had been withdrawing money to the tune of a lakh rupees from my grandmother s pension fund. We have reported to the bank as well as the police . Being unsure of their help, what else could we do to get our money back. ICICI Bank
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A. File a suit against the bank for reimbursement.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Adv. Swapnil S Bhalerao
Adv. Swapnil S Bhalerao Experience: 3 Year(s) Pune
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Please advice if we do not need project approval under fema as no deferred payment terms are there, can we do Remittance under Construction Services: S0501: Construction of projects abroad by Indian companies including import of goods at project site abroad , for our vendor for purchase of material at client site
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A. Sir, it is advisable to opt for the paid consultancy as this query cannot be solved in the free legal advice section.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
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Gopinath PG

Posted 1 month ago

Dear sir i have received demand notice by legal associate to pay my dues within 7 days, how can reply them requesting to extend time for payment, please i request need to file a case against the bank for harrasing me collection of dues
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A. Send a legal notice through lawyer.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Gopinath PG

Posted 1 month ago

Sir how to respond to the demand notice sent by mail for non payment of credit card dues
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A. Send a legal notice.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Adv. Swapnil S Bhalerao
Adv. Swapnil S Bhalerao Experience: 3 Year(s) Pune
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Anonymous

Posted 1 month ago

Sir I have received mail as notice for non payment of credit card dues, credit card people have insulted me by visiting my house speaking with neighbours as i have borrowed money not paid , they threatened me by phone calls , will this notice by mail is valid There is any legal action can take against the bank people for harrasing me
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A. Notice by mail is a valid notice and given the circumstances it is better if you hire a lawyer who shall draft a legal notice which shall be a reply of the notice you have received in the mail.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Adv. Swapnil S Bhalerao
Adv. Swapnil S Bhalerao Experience: 3 Year(s) Pune
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CHETAN KUMAR SHARMA

Posted 1 month ago

This is regarding the final judgement given by the presiding officer DRT regarding the auction of the mortgaged property since the builder has not given the possession.In the order it is stated that any shortfall in the mortgaged property the amount shall be recovered from the builder and then borrower. Secondly in the order they have not attached the mortgaged property which is not in my name. Can i go to the consumer court or rera in this regard? Kindly advise.
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A. I dont' feel the need of going to the court.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
My father was a pensioner and he passed away recently. We received a notice from a bank to pay an outstanding loan for 3lakhs which was sanctioned in 2014 and was not paid from 2017 as per the letter. None of the legal family members are aware of this. We don't know how a loan can be sanctioned to a pensioner of 75 years without the family concern. Please advice ....
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A. Dear Sir, Usually such loans are insured as such you did not pay. Secondly such personal loans cannot be sanctioned and claim waive off. Thirdly the said amount not used for his legal heirs as such you are not bound to pay the same. Ask them to approach Civil Court then you engage advocate and take strong defence.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Raghu  Rajegowda
Raghu Rajegowda Experience: 5 Year(s) Bangalore
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Sanjib Roy

Posted 1 month ago

i have a Insta Jumbo Loan from HDFC Bank Credit Card since Dec 2016 with EMI of Rs. 7398.79 which being auto debited on 24th of every month, but due to sudden crisis i was not able to pay my April EMI, As a result they freeze by Savings Bank account for 5 days of this month, for that my LIC ECS was bounced instead having balance in my savings account. After that I had written a letter to the bank authority that why they did this without informing me and i have stopped my next ECS also. They called me several time and i asked them please reply my letter. They did not reply me till date and now they served me the Demand Notice under Sec 25 of Payment and settlement act. I can’t understand what should i do? Please advice. Thanks Sanjib Roy
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A. Dear Sir, It attracts offence under Section 138 of Negotiable Instruments Act treating it as equivalent to cheque bounce. The amended act is as follows: ============================================================================== Section 25 in The Payment and Settlement Systems Act, 2007 25 Dishonour of Electronic Funds Transfer for insufficiency, etc., of funds in the account. — (1) Where an electronic funds transfer initiated by a person from an account maintained by him cannot be executed on the ground that the amount of money standing to the credit of that account is insufficient to honour the transfer instruction or that it exceeds the amount arranged to be paid from that account by an agreement made with a bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the electronic funds transfer, or with both: Provided that nothing contained in this section shall apply unless— (a) the electronic funds transfer was initiated for payment of any amount of money to another person for the discharge, in whole or in part, of any debt on other liability; (b) the electronic funds transfer was initiated in accordance with the relevant procedural guidelines issued by the system provider; (c) the beneficiary makes a demand for the payment of the said amount of money by giving a notice in writing to the person initiating the electronic funds transfer within thirty days of the receipt of information by him from the bank concerned regarding the dishonour of the electronic funds transfer; and (d) the person initiating the electronic funds transfer fails to make the payment of the said money to the beneficiary within fifteen days of the receipt of the said notice. (2) It shall be presumed, unless the contrary is proved, that the electronic funds transfer was initiated for the discharge, in whole or in part, of any debt or other liability. (3) It shall not be a defence in a prosecution for an offence under sub-section (1) that the person, who initiated the electronic funds transfer through an instruction, authorization, order or agreement, did not have reason to believe at the time of such instruction, authorization, order or agreement that the credit of his account is insufficient to effect the electronic funds transfer. (4) The Court shall, in respect of every proceeding under this section, on production of a communication from the bank denoting the dishonour of electronic funds transfer, presume the fact of dishonour of such electronic funds transfer, unless and until such fact is disproved. (5) The provisions of Chapter XVII of the Negotiable Instruments Act, 1881 (26 of 1881) shall apply to the dishonour of electronic funds transfer to the extent the circumstances admit. Explanation. —For the purpose of this section, “debt or other liability” means a legally enforceable debt or other liability, as the case may be.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat

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