• Need help in civil matter

Hello,i am from mumbai and i work as a trader in stock market,3 years back one of my friend approached to me and said me that he know many big peoples in roorkee and he can get money from them and put in my work and we can earn big,i said him all about the pros and cons and risk of stock market,he said thats not an issue and he will manage if any problems happens,then he started taking money from this big people from roorkee on interest and gave it to me,few months it was fine and after sometime loss happened and then the problem started from them ,still i some how manage to pay them for 3 years but now my work is about to get closed due to losses,i gave them money for 3 years which conclude there principle and also some interest,now my friend is threatening me that the amount i gave them for three years is only just a interest as he took money from them on very high interest of 15 to 20 % per month,and now they are threatening me that if i didnt keep giving them money then they are big people with high reach in politics and they will come to mumbai and destroy me an my family life and take legal actions against me and also they are threatening to beat me and my family,my age is just 28 years and i am unabale to take so much harrassment and mental pressure,pls suggest me what can i do to get out of this situation and resume my life like a normal person and also how i can ensure the safety of me and my family from them as i am normal boy and they are big people with huge contacts.
Asked 8 years ago in Civil Law

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8 Answers

Hello

Brother please do not worry much about the situation and at the very outset go and consult the situation with the elderly members of your family and they will tell you the best possible way, in such time of crisis family is the best place you can go to.

Secondly coming to the legal aspect of the same I would suggest you to intimate the police about the same as nothing wrong has been done by you and it is the loss in the business that has accrued, you had made no promise in the case and it was this middle person who created all the nuisance. And also if you go to police inform them that you came to know about this situation only when you started getting threatening calls from the people.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Did you take money by cash or cheque ?

Did you enter into agreement mentioning rate of interest to be paid by you ?

Have you given any post dated cheques?

Have you acknowledged your liability to pay x amount in writing?

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

That is ok you please tell the sutuation to the elderly member of your family and then discuss how to go about it, law will obviously come to your rescue if you are being threatened.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Deny your liability to pay interest

2) it would be difficult for your creditors to prove that you agreed to pay x amount as interest

3) don't give any acknowledgement in writing

Ajay Sethi
Advocate, Mumbai
99839 Answers
8148 Consultations

Dear Concerned,

In reference to you matter we would suggest you to get in touch with us as we have operational contacts in Roorkee to help you legally and otherwise. Please feel free to contact us.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. you should file a FIR against them

2. if no agreement was made then they cannot claim such high interest. only those person can claim interest who has money lending licence. other person can claim interest u/s 34 cpc and maximum interest is 6% simple interest per annum.

3. you should file a petition before the high court and seek protection order, then court can order the in-charge of nearest police station to take daily update.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Until you dont get any legal notice or not confronted with any legal action, you remain silent about the issue.

Actually, you know it better that the result of such investment will end up this way, hence you should have kept some records of payments received and payments made, in the absence of any such record you may have to face such troubles.

However if the problem is not solvable and the other person is putting pressures on you by posing different threats, you may lodge a complaint agaisnt him through police and seek relief and protection.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

If there is no loan agreement or any other agreement then you may ask him to go legally on this, other wise you can lodge a criminal complaint agaisnt him with the police.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

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