Question
My father bought a trolley (truck) in installments five years ago for his business. After a few months, trucks were banned in our district (Chadpur), and the police seized the vehicle from Ayam’s godown due to someone’s influence. My father spoke to the SP, who told him to sell the trolley, and he did. At the time, one and a half lakh taka in installments was still unpaid. The trolley company representatives later came to our shop, and my father offered to pay the original amount if they brought the paperwork, but they didn’t return. Now, five years later, the company claims the outstanding amount with interest is 2 lakh 50 thousand taka and has filed a case in the High Court. Is there a way to pay just the original amount, or what should we do?
Answer
In this case, the following steps and considerations apply under Bangladesh law:
- The unpaid installment is a breach of the original contract, even though the truck was seized and sold due to external circumstances. However, your father’s offer to pay the original amount without interest could be a defense if there is evidence of it.
- The fact that the company didn’t provide the paperwork or collect the money weakens their claim for interest, but it may be hard to prove unless you have written documentation.
- Since the company has filed a case in the High Court, you have two options:
- Negotiate with the company to settle the matter out of court, possibly paying the original amount.
- If the matter goes to court, you should present evidence that your father attempted to pay the original debt, which could help reduce or eliminate the interest claim.
- It is best to consult a lawyer to help navigate the case, review the contract, and explore legal defenses based on the company’s failure to collect the money earlier.