Dear Sir,

Please advise me on how to file the case and what would be the remedy available to me.

Facts of the case:-

1. I have applied for personal loan of Rs. 1 lakh for a period of 2 years from fullertonindia (Janak Puri Branch New Delhi) on May, 16th 2011 which gets approved by the end of May-11. I was asked to visit the branch for signing the documnets so that the amount can be disbursed.

2. I visited the branch and signed the documents, due to some reason they refused to accept the EMI via ECS mode and asked me to provide the complete 24 cheques. I performed all my banking transactions via net banking, so i don't have cheque book with me except the one which have 5 Cheques. Their executive said to provide these cheques and submit the rest of the cheques when i receive my cheque books; they will disbursed the loan in 2 days with EMI starting from July 5th 2011. I raised the request for cheque book on the same day.

3. On 7th June i dropped a mail to them asking abt the staus of loan; to which they asked me to provide the complete 24 cheques (refusing from their previous commitment) then only they can disburse the loan.

3. The company fails to fullfill it's promise. I have provided 5 cheques which will meet their requirement of 5 months; they are not supposed to use all the cheques in a single month. No doubt i would have provided the rest of the cheques once i received the Cheque book from ICICI bank, which has a TAT of 10 days of sending cheque book.

4. On 8th June,2011 I again deopped a mail asking them to credit the amount in next 2 days and if they fails to do so; never credit the same and treat the agreement as cancelled. Surprisingly all follow ups were initiated from my side they never informed me about the staus or any requirement.

5. By the end of June i raised the request for cancellation of cheques which i have provided as EMI. But again to my surprise i receive a welcome letter from fullerton india which states that loan amount was disbursed on May-11 and first EMI was due in 5th july. I immediately replied on the mail and complaint section of the fullerton asking them to see the loan status at their branch and not try to present the cheque for clearing as i have already raised the cacellation request. But till date i have not received any reply from them.

6. Again one more surprise was waiting for me, they presented the cheque on the 5th july -11 and again on August-5th -11, but as i have already raised the cancellation request it could not get cleared.

7. On Saturday July-30th-11, they sent their recovery personnal at my home asking for EMI which was not paid on due date.

8. I again post a reminder mail on july 22, 2011 on which they replied We are investigating the matter and shall revert to me within 2 weeks. Today is the end of 2nd week and i am still waiting for any reply.


Considering the above points would you please help me out in action which i can take against them.

Regards,
Kunal