• Money not returned after borrowing

A friend had borrowed money in November, stating money will be returned in few days but didn't. After a lot of fights, a part of it was returned in January but has not returned the remaining amount and has been making excuses. This person is in another state so recovery of money is getting difficult. Please advise what action can be taken.
Asked 2 years ago in Civil Law

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22 Answers

Do you have any evidence to prove that you had borrowed him/her the money?

 

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

Any agreement executed or mere give and take ?

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Of course, it is your money, and you can rightfully claim it. If the person who borrowed from you does not return it, you can drag such person to court. Firstly get issue a legal notice to him and after that file a case against him.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

In that case, you should serve legal notice to him and ask him to repay the same within 15 days of receipt of the legal notice.

if he fails to pay even after receipt of the legal notice you can file suit for recovery in civil court against thst person.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

file a complaint under section 156(3) Cr.P.c. in the concerned court for registering a case under section 406 and 420 I.P.C. against the man who is cheating you in not returning your money. 406 IPC is Criminal breach of trust and 420 IPC  is cheating.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

See you have to send him a notice of the recovery if on notice he fails a suit for the recovery has to be filed before civil court where he is staying,

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

See it was a friendly loan and proof of same are available therefore if he refuses to give the court is only way left to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Than recovery suit will file, Issue legal notice first. Can also try police complaint of cheating and criminal breach of trust.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Please file a civil suit for recovery of money use your bank statement as proof also lodge a complaint with jurisdiction police for fraud and cheating. These are the options available you have to pay court fees for recovery of money

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you can file police complaint of cheating against your friend 

 

2) rely upon proof of money transferred by you 

 

3) correspondence exchanged with friend 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

issue friend legal notice to refund your money with interest 

 

2) file suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

First of all you send him a legal notice mentioning that he need to return your money within 30 days period of time from the date of receipt of the notice.If doesn't react to your notice then you can file a summary suit for the recovery of the amount from him.It's a bit of time taking process.You need to be with some patience 

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

1. Well, you can file a civil suit for recovery of money in your present of location f there request and finalisation of the deal to send money was made in your place.

2. You can file a criminal case of cheating as well which  is advised to file in his place. You can make online complaint as well on which basis FIR would be registered and hence can be arrested.

3. The amount of proof you have is enough to get back your money. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

Hi

Payments made by Google pay are also valid and considered as evidence under bankers books act.

Likewise what's app chat messages are also evidence under both information technology act and indian evidence act.

Issue legal notice to your friend. 

If your friend fails to pay after legal notice, file a summary suit under order37 CPC (it is a fast track suit) to recover money at courts having jurisdiction.

Rajgopalan Sripathi
Advocate, Hyderabad
2124 Answers
394 Consultations

5.0 on 5.0

You have to file a suit for recovery

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1422 Answers
5 Consultations

4.4 on 5.0

1. Since you do not have a record for lending the money to him, convince him for giving you an acknowledgement for having received the money, and also obtain a cheque for the due amount.

2. Present the cheque in Bank for realisation of the amount and if the cheque bounces, file a case against him U/s. 138 of Negotiable Instruments Act. Prior to filing the case, serve him with a legal notice. In this way you can recover your amount.

 

 

Shashidhar S. Sastry
Advocate, Bangalore
3875 Answers
234 Consultations

5.0 on 5.0

the only option is to go for filing a suit for recovery,

first, send him a legal notice through counsel and if money not returned file suit for recovery

 

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

- Sine, you have transfered the amount via online mode , it means there is evidence for giviing loan.

- As per law , you can recover the amount within 3 years period from the date of transfer of loan amount to your friend or the last payment by your friend.

- Take printout of all the modes of payment and send demand/legal notice for the same .

- If, your friend not returned the amount , even after getting demand notice , then you should file a suit for Recovery against your friend within the jurisdiction of your residing as well. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

Dear Client 

Ask him to give a cheque of the amount balance toward him. And give you a specific date till which if he doesn't return the amount you will present the cheque in the account and then you can initiate the proceeding under section. 138 of Negotiable instruments act. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Hello Sir,

Please be advised as follows:

In the instant matter you can easily send him a legal notice alleging "Fraud" and "Criminal breach of trust" which is a punishable offence under Section 420 and Section 405 of the Indian Penal Code.

At initial stage, I suggest that a legal notice in a vehement tone would be able to suffice the purpose otherwise we can opt for a summary suit under Order 37 of the Civil Procedure Code depending upon the amount you have paid and I request you to keep the records of the transactions safely till the matter is settled or disposed off.

In case of a need of a legal notice to  be drafted you can consult whenever you wish to.

Thank you for your time and Consideration.

 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

It is very simple. Get issue a legal notice or directly file suit for recovery of money in Bengaluru and it will be decreed ex parte.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
330 Consultations

4.8 on 5.0

You need to file civil suit for recovery and file FIR for cheating against him

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

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