Just issue a legal notice and then file suit for recovery of money. Sample money suit is as follows.
PLAINT FILED UNDER ORDE 7 RULE 1 OF CIVIL PROCEDURE CODE, 1908
The plaintiff submits as follows:
1. The address of the parties are correctly set forth in the cause title given above and also the address of the plaintiff as care of his counsel Sri. Kishan Dutt Kalaskar, (Retd. Judge) Advocate, No. 7, 6th Cross, Malleshwaram, Bangalore - 560 003.
2. The plaintiff submits that, himself and defendant were close friends. Defendant is co-son-in-law of plaintiff cum none other than the husband of full-blood related sister of wife of plaintiff. Though they originally belongs to State of Andhra Pradesh, both of them maintained residential houses in Bengaluru City. The plaintiff and defendant were also working in different companies during the years 2014 to 2016. The defendant and his family members were maintaining cordial relationships and having visiting terms to each others houses out of love and affection as they were close friends as well as related to each other as described above. The defendant and his wife pleaded to help them financially as they were not having sufficient funds to run their family. They voluntarily agreed to pay interest at the rate of 24% per annum. The defendant further agreed to repay the amounts whatever paid by the plaintiff with interest at the rate of 24% per annum soon he is out of financial crisis at the maximum by the end of 2016. Believing the words of defendant and his wife and at the pressure brought out by plaintiff’s wife, the plaintiff in order to maintain records transferred the following amounts from his account No. [deleted] standing at ICICI Bank Banashankari Branch, Bengaluru City to the account of defendant bearing account No. [deleted] standing at ICICI Bank, Kukatpally Branch, Hyderabad. The plaintiff transferred the following amounts and calculated interest at the rate of 24% from the date of payment till 30.04.2018. The plaintiff made a demand in the year 2017 orally but the defendant tried to avoid phone calls of the plaintiff. The plaintiff also made personal attempts to recover the said amounts with interest. The defendant tried to postpone the repayment on several unbelievable and unacceptable grounds. Since the plaintiff and defendant were close friends and so also related to each other as such plaintiff considered it as a sensitive matter and did not want to make it a big issue among his family members. Since the defendant was avoiding contact with the plaintiff as he shifted to Hyderabad City. Thus the plaintiff smelt some fishy and got issued a legal notice dated 01.08.2017 to the defendant. The copy of the same is herewith produced is Document No.1. The original postal receipt dated 01.08.2017 is herewith produced as Document No.2. On service of such notice, the defendant talked with the plaintiff and assured him to return the amount within short period. The internet accounts statements of plaintiff bank having transferred the following amounts, all together with, are herewith produced as Document No.3 (total 10 pages). The particulars of transaction number, date of transfer, amount of transfer, interest calculated till 30.04.2018 and total amount are here under furnished for kind ready reference of Hon’ble Court.
Date of Transfer
Interest up to 30.04.2018
1 11.07.2015 Rs. 8,250/- Rs. 5,445/-
2 14.08.2018 Rs. 5,500/- Rs. 3,520/-
3 31.08.2015 Rs. 5,500/- Rs. 3,520/-
4 04.09.2015 Rs. 15,000/- Rs. 9,300/-
5 11.09.2015 Rs. 3,000/- Rs. 1,860/-
6 03.12.2015 Rs. 30,000/- Rs. 16,800/-
7 11.12.2015 Rs. 16,000/- Rs. 8,960/-
8 07.01.2016 Rs. 33,000/- Rs. 17,820/-
9 20.01.2016 Rs. 71,000/- Rs. 38,340/-
10 06.02.2016 Rs. 7,000/- Rs. 3,640/-
11 12.02.2016 Rs. 5,000/- Rs. 2,600/-
12 03.03.2016 Rs.1,80,000/- Rs. 90,000/-
13 17.03.2016 Rs. 4,000/- Rs. 2,000/-
14 05.04.2016 Rs. 7,000/- Rs. 3,360/-
Grand Total (3) + (4) = Rs. 5,97,415/-
(Rupees Five Lakhs Ninety Seven Thousand and Four Hundred and Fifteen Only)
3. The plaintiff further submits that, the defendant though admitted his liability but he is not ready to repay the said amount which comes to Rs. 5,97,415/-. As per the agreed terms the defendant ought to have repaid the above amounts with interest on or before 31.12.2016. Since defendant was adornment in repaying the said amounts inspite of several phone calls and personal contacts, at last the plaintiff having no alternative got issued legal notice on 01.08.2017. Inspite of that the defendant though admitted his liability but not sure as to when he will repay the said amount. The plaintiff on every weekend went on calling the defendant and requested him to repay the amount. Sometimes the plaintiff got contacted the defendant through his kith and kin as defendant was not lifting the phone. Thus at last the plaintiff personally approached the defendant on 06.05.2018 in Bengaluru City as plaintiff came to know that defendant is available in Bengaluru. The defendant admitted his liability but prays for more time to repay the said amount. Thus plaintiff having no alternative failing this suit. The defendant is liable to pay the above amounts with interest at the rate of 24% per annum from the date of payment till the filing of this suit. Further the defendant is liable to pay further interest on the suit claim that is Rs. 5,97,415/- from the date of suit till realization.
4. CAUSE OF ACTION: The plaintiff further submits that, the causes of action for the plaintiff arise within Bengaluru City on the dates of transfer of amounts from his account to the account of defendant. The cause of action arise in Bengaluru City since as on date of payments both the parties were residing in the Bengaluru City and payments were made from the Bank situated in Bengaluru City. Further causes of actions arise as on dates of 14 transactions as stated above. Further cause of action arise on 31.12.2016 when defendant failed to discharge his liability along with interest as agreed. Further cause of action arise on all the dates when plaintiff called upon defendant through his phone and also demanded the amount in personal meetings. The legal cause of action arise on the date of notice that is 01.08.2017 and also on the date of service of such notice on the defendant. The further causes of action also arise when defendant after receipt of such legal notice called back the plaintiff and assured him to repay the amount with interest. Further causes of actions arise on subsequent dates after service of notice when plaintiff made calls to the defendant and also when he tried to contact the defendant through his friends. The actual cause of action arise on 06.05.2018 when the plaintiff personally met the defendant in Bengaluru City and made a demand for refund of principal amount along with agreed rate of interest. Thus this Hon’ble Court is having both pecuniary and territorial jurisdiction to try this. Further all causes of actions in respect of above transactions arise within the territorial jurisdiction of this Hon’ble Court.
5. LIMITATION: The plaintiff further submits that, the present suit is being filed within a period of limitation.
6. COURT FEES: The plaintiff further submits that, he pays Court Fees as prescribed under the provisions of Karnataka Court Fees and Suit Valuation Act, 1958 under a separate valuation slip.
7. The plaintiff declares that he has not filed any other suit in respect of above claim before any other Authority or Tribunal or Court.
Therefore, the above named plaintiff humbly submits as follows:
WHEREFORE THE PLAINTIFF, humbly prays the Hon’ble Court to pass the reliefs:
1. The defendant be directed to pay principal amount of Rs. 5,97,415/- along with interest at the rate of 24% percent per annum along with cost of the suit, from the date of suit till realization.
2. Any other relief/reliefs as deemed fit for which the plaintiff is entitled for.
I, Sri. Kasu Balaji Reddy, Aged about 40 years, S/o Subba Reddy, R/at No.48, 1st Floor, 13th Cross, 9th Main, B.T.M 2nd Stage, Near Madina Masjid,
Bengaluru – 560076. Permanently Residing at: Sri. Kasu Balaji Reddy, Aged about 40 years, S/o Subba Reddy, R/at D. No.9-620, Rajaka Colony, Chilakaluripet Town & Mandal, Guntur District, Andhra Pradesh - 522616, do hereby verify contents of plaint Para No. 1 to all and document No.1 to all, found all the facts true and correct and legal points believed to be true and correct on the advice of my advocate.