Sr. Citizen parents lend 10 lakhs to a person for his personal needs. Recovery not happening
My senior citizen parents in Bhopal MP has lended 10 lakhs to a person via a middle man. This middle man earned confidence of my parents by helping them in some of the needs. I live abroad(USA) and my brother also live away from my parents. Only one of my sibling lives in the same city where my parents are living.
Money was lended by my parents to this guy as he wanted to start a franchise business for the period of one year. My father being very nice fellow - never did any agreement. He somehow convinced my father that he will pay 20% interest rate per month. My father never received a penny from him. Later when i visited my parents - came to know about this scam. It's almost 19 months and there are no signs of interest or principal. I some how made them get into an agreement(Udhaarinama) by putting principal+interest(for 24 months) as the principal. Also got a post dated cheque from this guy which states that he will pay back within 24 months(which is 5 months from now). At the same time this guy try to sell some plot or some other stuff to my parents which i don't want to get into. This guy(who took money) is not willing to share his employment details as well as how he is going to pay it back. His post dated cheque account is active but not enough money(based on my inquiries to the bank). He started being arrogant, posing challenges and intimidating me on few occassions(every thing recorded). Finally i filed an online FIR about his behavior towards me an elderly parents. Cops intervened(as we had some relationships with the cops). Cops asked us to send an application so that in case the cheque is bounced or this person absonds so that some action can be taken. Till now we have only consulted some attorneys. We have mentioned all the cheques in the agreement and there are some transactions which are of cash value. I at least expect that principal(which is clear and documented as paid via cheques) alone be returned. As per the notary person - my parents cannot charge any interest as they are neither sahukaar or any financial organization. What's your take on this overall situation?
Asked 6 years ago in Civil Law
As my father doesn't lend money and that is not his profession...it's a one time odd lending where interest is expected. So I don't think it's illegal. Anyway we are ready to give up the entire interest and looking only for principal after 2 years. When i reached out to this conman - he was very aggressive and taking advantage of his position(as he has our money). I had recorded the entire conversation. He was abssusive and went till extent that he will kill me. I filed the online FIR. Cops intervened and he said in front of the cops(TI) that he will pay the dues but how - that is not sure. He did mentioned that he is working in government sector but there is no proof provided. Moreover he is living in the rented house. I am some what nervous whether we will be able to even recover the principal. He took this money to start the franchise and put it into another profession(buying land and now he is having all sort of excuses not to have money). Except wait and watch and deposit the cheque after another 4 months - we have no other remedy. What you guys suggest now? My father still believes that he will get his money back and want his own kids to stay away from this matter.
Asked 5 years ago