• Recovery of loan

I loaned Rs 1.6 lakh to my tenant, who needed money to shift from my house to another. The amount was transferred online from my bank account in Mumbai to his in Chandigarh. Bank statement is available. There is no written receipt as such. However, his need, my willingness and his accepance that money was received are captured in WhatApp. 
I am in Mumbai and he in Chandigarh.
He has stopped replying my WhatApp and other text messages from the day he shifted out of my house. He seems to be in no mood to return the money.
Can i file a case in Mumbai?
Asked 5 years ago in Civil Law

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19 Answers

Hello,

If the cause of action happened in Mumbai, i.e., the money was given in Mumbai then the case can be filed in Mumbai. 

I would advise you to first send him a legal notice and thereafter file a case against him. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

File complain to police u/s 420 and 406 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1)issue legal notice to ex tenant to refund your money with interest 

 

2)if he refuses sue to recover your money with interest in Mumbai 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. he seems to be not in the mood to repay the money anymore and if that is so then take legal recourse to get back the money.

2. So file a civil suit for recovery of money.

3. To expedite getting back the money file a criminal case of cheating as well.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

See you have to serve the legal notice to the said person fir return of the amount.

See if in case amount was given in Mumbai then in that case you can file in mumbai otherwise since respondent in chandigarh then the recovery suit need to be filed in chandigarh.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can file criminal case for cheating against your tenent

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

yes

cause of action arose in Mumbai 

transaction took place from Mumbai 

so a case can be filed in Mumbai

you can file a summary suit in city civil court 

the whatsapp can be used as admission by the defendant of the debt owed to you

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Yes the case can be filed in Mumbai. regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Since you have transferred the money through Bank you have very strong case in your favour. You can definitely recover your money by filing a civil suit for recovery. As it appears, you have been cheated by your tenant so you may also initiate criminal law procedure by filing a complaint against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

First, send him a legal notice calling upon him to immediately repay your loan.

In case he fails to do the needful despite the notice, file a summary suit for recovery in Mumbai/.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) Do you have any evidence against him that word used that he want to take loan from you. Than you can file case against him about fraud did with you.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

You can file money sweet to recover your loan amount or otherwise you can file a criminal complaint in the court under section 156 sub section 3 for cheating 420 and misappropriation 406 of your complaint which was acquired by him by a fraudulent means through the bank transfer you can produce all the transfer documents and any other record in this regard to the court if you can make it a criminal complaint

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

  1. As per the information mentioned in he present query, makes it clear that though there is no written agreement, but you transferred in his bank account which itself makes him liable to return to you.
  2. Yes, you can file a suit for recovery of your money in place where you have been residing as this right is given to you in CPC.
  3. Section 19 and 20 talks about the jurisdictional aspects of the civil proceedings.
  4. And I advice you to add the prayer for litigation expenses as this litigation have arisen on the fault at his end.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You first issue a legal demand notice demanding return of the borrowed amount and secure evidence.

After that you can initiate steps through court in Mumbai for recovery.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

1. Thank your luck that he has  finally shifted from your house.

 

2. Has he mentioned anywhere in the whatsapp message as to when he is going to return the said amount lend to him by you?

 

3. If yes, then file a Money Suit claiming refund of the said amount with interest, damage and cost after the said promised date of  repayment.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can file case in Mumbai and get a decree against him.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Of course you can file immediately as cause of action arose in Mumbai.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. It is a terrible idea to advance loan to a tenant, more so to enable him to shift to another house.

2. Be that as it may, now the only remedy in your hands is to file a suit for recovery of money in the competent civil court. To enable the court to issue summons to him you require his present address.

3. The suit can be filed in Mumbai.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes you can file a case in Mumbai. You can file criminal as well as civil case against him.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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