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Hi,nI'm a UK NRI who has lent 25 lacs to an Indian for a year at 30% per annum. We drafted an agreem


04-Feb-2023 (In Recovery Law)
Hi,nI'm a UK NRI who has lent 25 lacs to an Indian for a year at 30% per annum. We drafted an agreement and Power of Attorney so that I can possess his land if money and interest is not repaid in 12 months. 3.5 years later I'm still waiting for my money. After listening to his excuses, I finally sent him a notice from UK to pay up.On arrival in India  without us meeting, he filed a court case against me that he does not owe me any money, instead I'm extorting money and unnecessarily threatening himMy questions are:nn1.  Is this 18% maximum interest applicable to seasoned money lenders only or to one off lender (Peer 2 Peer) as well? nn2.  Is it possible to file a case in a district other than the one where both parties reside?nn3.  Is it a crime, like dishonored cheques, to mortgage (ad rehan) land to a bank when it is already secured with a PoA to another individual?nn4.  Is PoA still valid untill loan has been fully repaid and even if it has been cancelled?nnThanks in advance.
Answers (1)

Answer #1
744 votes
1. 16 percent is the interest which courts allow to be recoverable from defaulter on the sum amount dew. 2. no it is not possible to file case in any other city. you have to file the case as per: A. where defendants reside. B. where contract or POA was created. C. the city in which property is situated. 3. yes cheque bounce is crime in india. if you are non banking financial institution or bank duly incorporated under provisions of law been in force, you can proceed through sarfaesi act.
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