• Amount paid by RTGS

I have paid an amount of Rs. 1,50,000 to my friend's uncle by way of RTGS. I do not have any agreement with them. I reside in delhi and he is from jaipur. RTGS was made from delhi to jaipur. 
1. Can i file civil suit?
2. Where can i file a civil suit?
3. Is this a legal transaction without any agreement?
4. Burden to prove of genuinity lieson me or him?
Asked 7 years ago in Civil Law

9 answers received in 1 day.

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10 Answers

1) issue friend uncle legal notice to repay Rs 1,50,000 advanced to him as loan by way of RTGS

2)if your uncle admits his liability to pay you Rs 1,50,000 it will help you in filing suit for recovery of money

3) suit can be filed in Delhi

4) even if you don't have any agreement exchange of correspondence between parties is sufficient to prove that it was advanced as loan

5) burden of proof is on you that money was advanced as loan

Ajay Sethi
Advocate, Mumbai
96762 Answers
7804 Consultations

In your case the purpose of RTGS transaction has no proof. So you have to make a proof first. So send a legal notice for remit back the borrowed money. If he admits his liability of Rs 1, 50,000 it will help you in filing suit for recovery of money. Suit can be filed in Delhi. It is your duty to prove you had advance the loan to him.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

Dear Concerned,

Yes you can file a Recovery suit for the money.

Has to be filed in the court of concerned district say for eg. Saket the court will be Saket Courts.

Yes you would need to mention the reason the loan was given - as the money was paid through RTGS , they can not deny of the money.

You just need to prove the reason the money was given to him.

Alternatively you may consider filing a Criminal Case for Cheating and extracting money from you - as filing of recovery case will need deposit of court fee as well as your lawyer's fee .

Wherein a criminal case will put pressure on them and would have to appear to the Police once complaint is done.

Best of Luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Can i file civil suit?

yes, you can file a civil suit for recovery of money. you cannot take interest thereupon but according to section 34 of cpc you are entitled for interest from the date of filing of suit to date of decree and from the date of decree to actual payment @ 6%

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Where can i file a civil suit?

place of suing is to be decided on the basis of arising if cause of action. in your case cause of action is arised in delhi as well as jaipur so you can file civil suit either in delhi or jaipur. money was paid from delhi so transaction initiated from delhi and received at jaipur, both cities are directly involved in same transaction therefore both cities has jurisdiction.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Is this a legal transaction without any agreement?

law presumes that in every commercial or money transaction implied agreement is present. no need to first sign an agreement then proceed because if it is made mandatory then many problems will be faced by the parties in exigency. you can file suit in absence of agreement.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Burden to prove of genuinity lieson me or him?

when you successfully prove that money was transferred by you and at that time he needed money for special purpose then you have successfully discharge you burden of proof and this burden will shift upon him to prove it negate.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. Why dis you pay him the said amount? Can he claim that you had gifted him the said amount voluntarily? Do you have any evidence that the said amount was sent to him as loan or for some purpose which he did not fulfill (like purchasing some property)? if yes, then you can file the recovery suit seeking direction upon him to refund the said amount with interest, damage and cost.

2. You can file the suit at the Court having jurisdiction on the place where the cause of action arose i.e. from where you had send the amount being Delhi.

3. There can be verbal agreement also but you shall have to show evidence that the amount was sent for a particular purpose and not gifted to him.

4. Since you are accusing his non refund, you shall have to prove that you had lent him the said amount which he is bound to refund.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1. First issue a legal demand notice and then decide about filing suit for recovery.

2. You can file a recovery suit at your jurisdiction.

3. The RTGS evidence of money transfer is legally valid transaction done by you.

4. The burden to prove allegations lies on him

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

1. You are free to file a civil suit to recover the money with interest.

2. It can be filed either in Delhi or Jaipur.

3. No written agreement is mandatorily required to be executed before lending money.

4. The burden lies on you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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