• Money lent to friend but she is not returning now

Hi,
I have a Friend. I know here since last one year. We meet few times face to face. But we never visit each others home. so we do not know address of each other.
 
Few days back she asked me for help with reason of "her father's hospital bill". she promise me to return money within 10 days. I Transferred 21000 / - Rs. in her bank account through internet banking.
it is now more than 50 Days but she is not returning my money back. initially she excused with "No Money With Her". But now she totally avoiding me. Not picking my call. not answering on whats app (She even block me on whats app). When I called her from another number she disconnect the call.

How can I take my money back. Because... I Don't know her address.
I visited Bank in which she own account and request them to give her address But Bank refuse to help me.
What I can Do now...!!
Asked 8 months ago in Criminal Law from Vadodara, Gujarat
Religion: Hindu

File a police complaint for cheating and breach of trust provide her contact details to police they will call her and will reach out her.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Well, if the borrower is not returning the money the taking legal recourse is an option for which you can file a civil suit for recovery of money.

Considering the paltry amount of money involved filing such suit would not become a good idea.

In that event you can lodge complaint of cheating with local police. If Police registers FIR on your complaint, it cna arrange her address .

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

Dear Sir,

Your mental torture may cost you more than what she owes you.  You may anyhow findout her phone number or address or her friends and go on insulting her then only out of frustration and her reputation lowering down she may think of settling your dues.

Netravathi Kalaskar
Advocate, Bengaluru
3118 Answers
14 Consultations

5.0 on 5.0

you need to send her a legal notice on the basis of your facts. Let her admit or deny your contention and on the basis of that further remedy for recovering your money can be initiated by filing appropriate proceedings in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

You need to file a police Complaint of cheating against her. Give the phone no to police they will find her address

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

You have to somehow get her address and issue a legal demand notice.

After that if she is not responding you may either approach police for cheating complaint or file a money recovery summary suit.  

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

1) chances of recovery of money are bleak 

 

2) you can file police complaint against her for cheating under section 420 of IPC as she has taken money and inspite of repeated telephone calls she is refusing to return the money

 

3) don’t file any recovery suit as legal fees would be more than amount sought to be recovered 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

1. If you do not know her address then you may file a police complaint for criminal breach of trust under Section 406 IPC against her and mention her last known phone number and/or address. Police can trace her out during investigation by taking details from the service provider.

2. Your remedy before the civil court is in the form a civil suit for recovery of money, but it will be futile if you do not have her address for the court to send summons to her.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Bank will not provide address. Better file police complain of cheating than police will find out her address.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

Hello,

Send a legal notice to her through advocate.

You may send the same through whats app also and later you may file a case against her in the police station.

the police will investigate and obtain her address. 

Regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

With her mobile number, You can file a police complaint without further delay with all the money transfer proofs etc. Police will take care about her home address from her bank details.

Dont wait.

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

First of all you have register FIR for the same. And then if you have  any whatsapp chat or SMS chat data then then its a strong case of cheating. U must have transaction details of Bank so that also serve a purpose. Once u register FIR then bank also have to give address details compulsory.

 

Sunil Joshi
Advocate, Vadodara
8 Answers

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