• Money lent to room mate without any promissory note

I lent money to my room mate without any promissory note as he was out of job, also i paid his part of rent since last two years , as he confirmed that he will pay it back to me once he gets the job. He bought a second hand car in 75K out of which i paid 38K. He said we will use it together. The total money lended to him which includes rent for two years + money to purchase car + other amount is 2.3 lacs. Recently when he got his job i asked for returning me the money lended to him , instead of doing that he said you have used my car and taking INR 1500 per day rent for it for 9 months it comes to 3.5 lacs approx , so instead you have to pay me 1.25 lacs. When i asked about the car usage to him, he is not replying anything. I also asked him again to repay my money, he is not replying anything.

How should i recover my money
Asked 6 years ago in Civil Law

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37 Answers

issue your friend legal notice to return your money advanced by you

2) i presume you have advanced money by cheque and you can prove the transfer of funds

3) if he fails to pay file police complaint of cheating against your friend under section 420 of IPC

4) you can also file suit to recover your money but you have to prove money was advanced to him as loan

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Firstly, the money which you have given to him is yours.

Secondly, try to send him a mail or message in a very friendly manner like he would reveal and accept it that he has taken some money from you.

Lastly, then file a suit for recovery with all those copies of record (conversation between you and him).

Good Luck.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

File an FIR against him on grounds of cheating and inducing.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi

As per your description send a legal notice to him asking to return the money.

If he doesn't reply to that legal notice or denies the facts then file a complaint case under section 406 , 420 IPC

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

legal notice needed to send to him, giving him 15 days to return the money. Thereafter file a recovery suit in District Court, Gurgaon. You must be having transaction details of the money you lent.

You will definitely get your money back, court process may take some time, but you will get back your money with interest.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

car usage cannot be criteria of lending money, just ready all the papers. You just need to show as evidence you transactions through which you paid the money.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

A big no to him from my side on your behalf as he is not providing commercial services, and if he has been doing it then one more case against him.

You have helped him, and this is how he is behaving with you.

You please take him to the court and get your money along with the litigation fees and some interest also.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1)emails are admissible in evidence

2)you can issue legal notice as advised earlier

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Yes lodge the FIR properly, take paper write detailed history annexe emails, send to your local police station by speed post. If you want i can guide you over talking.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hi, it is advisable to serve him a legal notice asking him to repay the loan with interest within 30 days .. Incase he defaults to pay , we can file a suit for recovery against him ..that e-mail is a admission where he accepts that he own you 2.3 lacs .. It can be used as evidence in court ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Those friends of yours can be presented as eyewitnesses in your favour.

That email have only the calculations buy yes that email also contains his acceptance that he have to pay you 2.25 lakhs (as he subtracted the amount from car rent.)

File complaint

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Your credit card details can show the ticket charges as that must have been booked by his name. (One proof)

Rest are just the proof of cash withdrawal not of that you paid on his part.

File a complaint, and he might approach you for compromise and pay the money.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1) frankly you dont have any documentary evidence to prove your case

2) arrive at an amicable settlement with your friend

3) obtain acknowledgment of liability from friend that he will pay you X amount

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Where you have lent money through cash, do you have his consent/acceptance for the same. The online transactions that you have paid for should suffice, as it would be showing transactions for both of you. Even rent agreement can show that you were paying rent for yourself and your friend.

For car you can show your credit card transaction and also paytm transaction..

Even the flight tickets is a good proof that you have paid for it, as tickets are in your friends name plus credit card transaction.

I advice you should send legal notice first, as if you don't have proof for each and every transaction, you have proof for some transactions. Also you will; be charging interest and compensation.

Legal notice is the first step.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Everything is there with you, and with regard to your rent payments are concerned you can take help of your landlord also as she can say the same before the court if she agrees to it specifying the amount of rent for two.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You dont have to show in legal notice what all proof you have. It is just formality and first step to make your case in court.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Good very good, it will work for you surely.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

The e-mail is the admission of his loan , and can be used in the evidence

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

it is necessary to peruse the mail exchanged with your friend

2) basically your friend is making a counter claim against you

3) you have to prove during trial that X amount was advanced by you and counter claim by your friend is bogus

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Yes its a proof that you lend him the money for purchase of car, as it is his acceptance.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Yes that can be the evidence but your lawyer need to put a bit of effort to make it clear to hon judge that in which way that mail is being presented as evidence.

Look if he SUBTRACTED 2.25 lakhs THIS CLEARLY MEANS THAT HE HAS TO PAY YOU 2.25 LAKHS

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Send a legal notice to the said person to claim your lending money, failing which you can file a suit for recovery in civil court if you have sufficient proof.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

1. Your friend turned out to be ungrateful, but there is no evidence you have to prove that you had given the money to him. So a legal battle in the civil court will be an exercise in futility. You will end up spending more money than what you have given him and eventually get nothing out of it.

2. Learn a lesson and do not part with your money in future.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Booking the flight ticket does not prove that you lent the money or that he was under an obligation to return the amount.

2. You have no legs to stand on in the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send a legal notice for recovery of all your dues.

If he fails to act despite the legal notice, file a summary suit for recovery under order 37 CPC.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If the debts are admitted, and you have proof of lending the aforesaid loan(s) to your friend, there's nothing coming your way.

Send a legal notice as a first measure.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You have sufficient basis to reclaim your dues.

You may go against your friend legally.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Send a legal notice to your friend for the money that has been lent by you to your room mate

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Yes the mail can be used a prove to show your claim, if your friend fails to give back the money even after the legal notice then you may file a summary suit

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The mail which he replied to is there where he subtracted the car usage from the amount which he borrowed from me

The aforementioned will be a good evidence.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Sir you need to have some kind of proof such as money transaction to his account, agreement or receipt copy of the money in order to prove your case in the court.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

Do you have evidence for lending this money to him i.e., via bank transfer or or any other mode to prove the money transaction?

If you dont have anything to prove the passing of consideration, then it will be difficult to recover the money lent to him legally.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

Yes! I have a mail where in i sent him all the details for the money he has taken from me . After that he has sent me an excel file where he has calculated the car usage(which is totally a bull shit as 1500 rs per day for 9 hours for 9 months) as the car was not in his name, also there was no agreement such that i will pay for car usage. He has subtracted my 2.25 lacs from the car usage amount of 3.5 lacs which he has assumed , and he wrote on the mail that you have to pay me 1.25lacs. When i asked about the equation, he didn't replied anything.

Can that mail be a proof to recover money from him legally. Also many of my friends also know that i lended him money for buying the car and also the rent , since he is jobless.

You can use this email as a base or evidence to send him a legal notice and make him to commit the receipt of the said amount, later on you can file a summary suit for recovery of money on the basis of his commitment

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

I don't have the transaction details as most of the time it was paid through cash, for rent since my landlord lives outside the country i have to pay it online, so i used to pay his par of rent also online through netbanking, The money for car was given in cash which was taken out from my credit card by transferring the amount through PAYTM to my bank account and then taken out from my ATM. Also i have booked his flight ticket through my credit card as he has to go to his home town in emergency

The credit card transaction and the online transfer details may also be added as evidence for the payments made to him regularly in the legal demand notice.

He has to acknowledge the receipt of the said amount in whatever manner after which you can strategize the legal action for recovery

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

The mail which he replied to is there where he subtracted the car usage from the amount which he borrowed from me, can that be the evidence.

This is an ample evidence to prove his commitment towards the money received by him which can be used against him in the legal demand notice.

T Kalaiselvan
Advocate, Vellore
84917 Answers
2195 Consultations

5.0 on 5.0

U have to file a recovery suit in civil court and prove u r case with documentary evidence and to resist his counter claim for use of his car.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

The mail is an evidence you can recover

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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