• Bonafide lending (good faith lending)

I had given large amount ofmoney to a friend about 8-9 months back basis a personal emergency on good will basis. Despite of innumerable follow ups from my end I have still not got complete amount and keep getting false commitment of return without any specific date. The person has threatened to take legal action that I am spoiling his/her so called image when I decided to ask for help from common friends.
Asked 5 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu

NO case made out against you, Hope you have payment proof. You can file criminal complaint agasint him. Police will recover the amount.

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

What was the mode of payment?

Siddharth Jain
Advocate, New Delhi
4955 Answers
55 Consultations

5.0 on 5.0

1) issue legal notice to friend to return your money 

 

2) if he fails to return your money file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Dear sir,

These are mere unsubstantial warnings by the defaulters. you dont need to worry about it. Rather, what we can do is that we can send him a legal notice stating him to return the money in a stipulated time. otherwise, legal action will be taken against you.

hope that solves your query.

you can contact me for consultation. if any.

regards,

YUGANSHU SHARMA

ADVOCATE

Yuganshu Sharma
Advocate, New Delhi
151 Answers
1 Consultation

5.0 on 5.0

Why are you involving your common friends then? How will it help you? 

You must file a money recovery suit against him

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1205 Answers
3 Consultations

4.4 on 5.0

Issue a legal notice to said person for refund of the amount if on notice said person fails to refund the amount file a summary suit to recover the said amount from the person.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

Sir,

Do you have any written form of the lending or any cheque of his. 

If so you in fact could take legal action against him. 

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

You can file suit for recovey of your money.  You can also file FOR for cheating. 

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

Everyone get experience like this during his life and only then learn why one should not believe on anyone in terms of money.   Good luck you have received some money.  Thanks God for the money recovered.

Secondly, you must have given the money in cash. Thirdly, you must have given it secretly.  No witness.  No documentary evidence.   These all things go against you.

The threatening to take legal action for spoiling his image is a good point in your favour.  He will never go for any legal action.    You are on the right path to take help of the common friends.  Get a settlement in writing and take a cheque in connivance with the common friends.  

It seems that all his commitments are oral.  Get it on whatsup, E-mail etc.  to create evidence.

In future,in case you want to favour anyone get an agreement in writing  in front of your own 2 witnesses and take post dated cheque.   Money should be given by account payee cheque from your account.

Dalip Singh
Advocate, New Delhi
513 Answers
10 Consultations

4.9 on 5.0

Hope you have some evidance for this money transaction? in that case he cant threaten you. if no evidance, please create by whatsapp chatting/emails etc for further actions .

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

Hello, 

Please tell that you provided the money through bank transfer or through cash? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

Do you have any evidence for advancing this loan amount?

like bank transfer or cheque payment or by any other mode?

Do you have the evidence of the amount returned to you by him?

On the basis of evidences in your possession you may  issue a legal demand notice  and wait for his reply/response after which you can plan to file a money recovery suit.

 

 

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

The first step would be to send a legal notice to the person concerned and see if the opposite party complies with you or not. If this does not work you can always file a suit for recovery.

Mohammed Mujeeb
Advocate, Hyderabad
11572 Answers
4 Consultations

4.5 on 5.0

Hi,

You may send him a legal demand notice for returning the complete amount within 15 days of receipt of notice and if not returned by him,file a case for recovery of that left amount. You need to have proof of money given to him and part payments.

Ganesh Singh
Advocate, Delhi
3269 Answers
9 Consultations

4.5 on 5.0

Dear Client 

If you have proof of giving money to him then you can initiate recovery suit against him to get your money back.

If you don't have proof then either take a post dated cheque from him or get a promissory note so that you can prove that you have given him a friendly loan which he is not paying back to you. 

Mohit Kapoor
Advocate, Rohtak
4667 Answers
1 Consultation

5.0 on 5.0

Issue a legal notice to this friend, seeking repayment of your dues.

 

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

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