Advocate Tania Sharma

Questions Answered by Advocate Tania Sharma

Q: Will i be liable for the amount bank can not recover after auction

hi there, i have a home loan of Rs 34 Lakh and current OS Amt is 32 Lakh. Now due to some unexpected circumstances i am not able to pay anymore. i haven't paid my last six emi's. My lender has asked me to either pay the six emi's same time or they will auction it off under some NPA act. My question is what happens if i don't pay and the house gets sold off in auction. Am i gonna be charged if bank didn't get the enough Money (32 Lakh) and short fall amt will be recover from me after the auction

Advocate Tania Sharma answered
Yes, the bank can proceed against you to recover the balance amount by filling an application to the Debt Recovery Tribunal in case the whole outstanding amount is not recovered. In case they get more money than the outstanding amount , they will set it off against charges/expenses and give you the left over sum.

Q: does hacking amount to cyber crime

I am divorcee and single mother. i hacked my husband's account to take out information regarding income tax. Will this amount to cyber crime ? And if yes then what is the penalty and what is the remedy ?

Advocate Tania Sharma answered
This is a very tricky situation. Any crime needs a guilty mind , a bad intention behind it. If you hacked into your ex husband's account for the purpose of taking out important information, for example information that is relevant in a case in court and not to defame him, steal account details or commit any other crime then you need not worry .

Q: How to file a case of ATM Fraud

Sir, Mujhe ek unknown no. se call aaaya aur mujhe bataaya ki main SBI se bol rahe hai aur mera ATM ka verification bol k Mera CVV aur ATM no. OTP lekar mere ac. se rs 30,000 fraud kar k aapne ac mein transfer kar dia .toh mene police mein FIR darg ki aur ye sab PAYTM k maadhyam se huaa toh mene Cybercell PAYTM se request kiyaa isliye unhone Mujhe Mere ac. ka withdrawal ka data mere email mein bhejaa o mene police ko dikhayaaa toh Uskaa ac. abhi block kiaa hai aur Mujhe ye proof Karna hai ki PAYTM se bhejaa huaaa email ko evidence k roop mein print kiaa hai toh mera Qns. ye hai " wo print wala email jo Mujhe PAYTM ne bhejaaa hai wo ek mera banaaya huaaa DTP file nahin ek sahi evidence hai" toh mera paisa Mujhe wapas mil jayegaa ....Pls help me sir

Advocate Tania Sharma answered
Yes this can be used as evidence. Also court or police can direct PAYTM to give details about the transaction. Also SBI can be directed to give details of transfer too. As a matter of practice never give details of you bank account to someone on call or email etc.

Q: How to prevent myself if fraud website have my documents ?

There is a website promised to give particular monetary return for review of different products. I made my account and worked but did not get any peny. According to website I had to upload my kyc documents. I uploaded my photo and aadhar card and address. Now it seems that it is fraud. Question: is there any chance to misuse my documents? Should I inform the police? If yes then how should I inform? Please suggest me.

Advocate Tania Sharma answered
Yes you should file a complaint with the police immediately, Websites such as the one you menion could use your details for identity theft or other crimes. An officer of the rank of inspector or above can investigate a cyber crime.

Q: Bajrang Dal shut down the church without any official order, advise

Two Christians built a church and a school on a barren and waste land in slums, near Noida. One day, while trying to pacify an altercation outside their premises they got dragged into it and were involved with the goons of Bajrang Dal. They were called to the police station and after being thrashed, they were merely 'asked' to close down the church that they were operating as the same was creating a situation of 'law and order', as they were told. Later, they were again called to the Police station and were coercively made to sign an agreement at the police station which stated that they willingly agree to close down the church and will never open it. Also, the agreement stated that we will refrain from indulging in any political and religious activity inside the school premise. There has been no order of Magistrate or other order of any authority, in writing, asking us to close down the church forever. Do I have a remedy against them or will I have to waive off my right to worship?

Advocate Tania Sharma answered
You do have a remedy.If the Church and school are built with required permissions( e.g it is important to know who the land really belongs to) then no on can make you to leave. The agreement entered into at the police station is not valid as it is made by coercion , force and is also illegal in itself. Further , even though the state can regulate religion for maintaining public order, morality and health they cannot without justifiable reason ask a minority nonstate aided educational institute to refrain from indulging in any religious activity or imparting any religious education.In this case if you can file writ directly to the SC as the police are trying to take away your freedom of religion.