• What can I do?

Hi all, 
i am from - pune 
2 years back i gave Rs.50,000/- to the sister who is known to me is familiar.
her parents , her sisters all we well known for each other. her father passes away 10 years back. her father was working in pmc on Garbage van. After their death His daughter started working at his place as rule of corporation. now she is earning well.
12 years back i helped them in their daughter's marriage by giving my golden chain . 
they return my golden chain after 7 days. 

so this help is not new for me . 

i was always ready to helping them due to good relation with all family members.
2 years back Mrs. Anandi ( her name ) who take Rs.50,000 from me. as she told me that her husband is trouble in business. she was in need Rs. 50,000/ to come out from the trouble . 
one day she came in my office with her husband. i gave Rs. 50,000/ by cheque on the words of return after 6 months. 
i took her signature on 100 rs. stamp paper. that she need to return my Rs.50,000/- 
i called her hundred time, i visited her house , i requested her mummy to return my money. 
now i am requesting you all, suggest me what to do ?
Asked 6 years ago in Criminal Law
Religion: Other

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

It appears that she is not in a mood to return your money any more.

In that event you can file a civil suit for recovery of money.

In addition you can file criminal case for cheating as well. 

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You have to file recovery suit. Issue legal notice for refund otherwise you will initiate legal proceeding against them. Both Civil and criminal.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1)  on that 100 rupees stamp write down Promissory note so you can be able to recover that 50k from them,  if that stamp is blank and make complaint against them in the police station not returning your amount which you helped them in their poor conditions. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you can file a civil suit for the recovery of the amount . First serve her with a legal notice if on same she fails you have to file suit to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

send her a legal notice and if she didn't make the payment within stipulated period file suit for recovery.

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Issue legal notice to to Mrs A to return your money 

 

2) if she refuses file suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

if you have taken any cheque for the same you can deposit the same and if bounced file case under negotiable instruments Act.Otherwise you have to file recovery suit in civil court

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

- It is clear that she is not interested to return the amount given her as loan. Hence, you can recover the said amount with the heip of legal provision.

-  Since, you gave her the said amount by way of cheque and further you have her signature on the stamp paper, It means you have sufficient proof/evidence of the said given loan to her.

- Firstly , use the said stamp paper for loan agreement.

- Send , her a legal notice to refund the amount with interest .

- If no response from her , then you should file a recovery suit against her .

 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You send a her a legal demand notice on the basis of the loan agreement she has entered with you on the Rs. 100 NJ stamp paper demanding the amount you had lent her earlier.

Let she give a reply or not, you may file a money recovery suit before a jurisdictional small cause court.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

You can file a money suit to recover your money that is the only legal without available to your case.

You need to send a legal notice in this regard to them including the legal charges and the charges for the notice to pay back the entire amount within the stipulated time in the notice and increased they fail to do so you can file money suit in the Civil Court

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Lodge a police complaint for cheating you by refusing to return you the money which was assured toi be returned to you within 1 year.

 

2. Thereafter file a Money Suit praying for an order directing her to return you the said amount with ibnterest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hi,

You are suggested to serve her a legal notice for returning the amount and if not returned then also, file the case for recovery. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

issue a legal notice through an advocate and file recovery suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

This is my response to you:

1. Send a notice from your side;

2. If it does not work then send a legal notice;

3. Otherwise you may have to file a summary suit;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear client 

You have to file a recovery suit in that lady to recover your money. For that you need a Promissory note on that 100 Rs stamp paper write a promissory note in your favor and with that file a recovery suit in the court to get your money back. But for that you have to be quick as loan not recovered with in 3 year is null and you can't recover Tht money. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are still within the period of limitation to claim your money back as per law which states the period of limitation as per limitation act for 3 years.
  2. You should give them a legal notice and then wait for 7 to 15 days.
  3. If they do not return them at the end you will have to approach the court of law by filing a suit for recovery of money to get your money back including interest as well as the litigation expenses.
  4. Rest, you are free to call me at any time for further detail discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer