Send him a legal notice calling upon him to immediately refund your 25 within. In case he fails to comply with a legal notice, lodge FIR against him for cheating and criminal breach or trust.
Breach of trust
I booked a transporter for shifting from Bangalore to Hyderabad. Total amount finalized was 34000 . i paid Rs 5000 as advance and 25000 to be paid on the day of pick up. On the day of pickup i made a neft of Rs 25000/- but the transporter said that he required 25000 today only because neft will hit after 2 days since it was saturday and saunday. so i made an imps of Rs 25000/-. He promised to return the NEFT amount on monday. I have whatsup communication and call recording as evidence. Now i am chasing him and not refunding the amount. Please let me know how legally i can recover the amount along with Lawyer charges.
Asked 6 years ago in Criminal Law
Religion: Hindu
20 Answers
You have two options:
1) Prosecute him for breach of trust and misappropriation. File a police complaint for this. Or,
2) Sue him in civil court for recovery
File police complaint of criminal breach of trust , cheating against transporter under section 406 , 420 of IPC
File police complain u/s 406 IPC.
Hi
1) First issue a legal notice to the transporter for collecting monies over and above the invoice amount.
2) If the transporter does not refund the money, file a summary suit under order 37 for return of excess money collected.
3) Also file a police complaint against the transporter (not only for claiming refund of excess monies). A smart client/lawyer will also add missing / stolen consignments to his complaint to ensure that the transporter returns the excess money so as to avoid being sent to jail on grounds of stolen consignment.
File a police complaint of cheating and breach of trust against the said person.
File criminal complaint against him under 406 420 and also you can file recovery suit against him.
You need to send him a legal notice demanding said charges and thereafter if they don't settle you can file a consumer complaint against him
Hello
Send a legal notice to him and thereafter if he does not make the refund then file a police complaint against him for cheating and fraud.
Regards
Do the same at the earliest
1. It was most unwise to have transferred the amount to him twice.
2. Do you have a written contract or even any admission by him which can prove that he was to be paid only Rs.25,000/-? If you have it then it is worth filing the case for recovery of money and also a criminal complaint for cheating and criminal breach of trust, else he will claim in defence that you owed him 50,000/.
If your efforts to recover the amount from the transporter failed,. you may issue a legal demand notice demanding him to pay the same within 7 days from the date of receipt of notice, failing which you may initiate legal action for recovery through police as well as civil court.
Can i also ask him to pay legal expenses ?
Asked 6 years ago
Refund with interest.
You can seek litigation expenses
It's not civil suit you cannot claim legal expenses.
Yes you can claim legal expenses.
Yes
Yes you can claim legal expenses from them
Yes in the same suit you can claim the legal expenses too.
Dear Sir,
Get issue a legal notice and file a case at Consumer Court. WhatsApp communications and call recording are useful evidence.
Yes, you can ask legal expenses.
Yes you can ask him to pay the legal expenses also