It depends on the jurisdiction where the transaction happened. If it's not happened in India it will be difficult to procecure him in India. If you want to prosecute him in India you need to establish a case of Indian commitimg offence in foreign land. It's better you prosecute him outside India and wait for Dubai polics reply they are very particular about such kind of frauds and will take strict action and will deport him once all the money is recovered from him
Breach of trust - friend used my credit card in UAE and not re-paying now
Hi, Myself CSK, from Vellore Tamil nadu, India. Currently working in Qatar (From Sep-2016) I was in Dubai, UAE from [deleted] to [deleted] for a Private company and my Colleague Afzal Khan. We both are friend, during my visa cancellation and exit, Afzal asked my credit card and told he will repay without any issues. he left the company and jointed in some other company and started some small company also. Total Three credit cards are with him now. From 2016 to 2019-April he used my card and re-pay minimum due in UAE (depositing in ATM) from last Five month he started to tell his company cheque is bounced because his client not paid his amount. i was keep on asking to re-pay atleast minimum due, but he not. later he told he have some property in Hyderabad, and sent documents photo and told in case the cheque case not cleared he can sale the plot and pay for the card and told me to send email to bank that "unable to pay the due now, waiting for funds once its come, will clear to dues and close the card" I believed him and sent email. bankers started to call, SMS & e-mails. 30 days before the bankers started to send recovery agents. So i spoke harsh and told him to pay the money. With this reason he Switched off his mobile. We used to talk on whatsapp mostly. My messages are delivering to his number not even reading and not even replying from 20 days. I have sent email to banks about happened things. bankers told they can give discount to close the cards. But the amount is huge appx 12 lakhs. I am currently in Qatar, I have also sent email to Dubai police about happend things, they have replied like case being forward to concerson dept. ( 15 days before) Afzal Khan is still in Sharjah, UAE with his wife and two kids. but unable to contact him. I tried to contact his family in Hyderabad, looks his father working in Army. so my brother unable to enter into that area, because we have only the address. they will allow inside if any one give permission. Incase if i arrange money and pay to UAE credit card means is there any possibility to attach his property in India ? Or i should wait for Dubai police reply? but i dont think that i can goto UAE, As there may be travel ban imposed. I am really helpless. because of trust i have helped but it's happening to me.
Asked 4 years ago in Criminal Law
Religion: Hindu
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19 Answers
You have permitted your credit card to be used by your friend
2) if as on date Rs 12 lakhs is payable on the card you are responsible as care is standing in your name and you have authorised your friend to swipe your card
3) since you have filed complaint with Dubai police wait for police investigations to be completed
4) if you have acknowledgment of liability from your friend you can sue your friend to recover your money with interest in UAE
5) Indian courts would not have jurisdiction as offence was committed in UAE
If the property is residential than ask him to give Spl POA signed to stay, rent, lease the property in that MOU. Signed in front of Indian Embassy of UAE.
And take possession of property ask your brother or any family member or friends to acquire the property first. You can start getting rent or lease by providing property in discounted rates for lease of next five years.
Note: You should you learned now on whom to believe and keep faith.
90% things are not in your hand, already your name has been spoiled by cheque bounce and EMIs not cleared on time. So here your credit rating may be reduced due to this transaction.
If you want I can send him legal notice on your behalf via mail and email.
If you want I can make calls on your behalf to him.
1. You have literally no options left, BUT to follow up with the Dubai police matter. Once he gets arrested by Dubai police, he will come down for settlement.
2. You can ALSO file a Police FIR (in India), requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court (in India), seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
4. Once Police case in India is decided in your favor, THEN his "personal" properties anywhere in India, can be attached, by following due procedure of law.
Seems too many doubts in your query to be clarified.
For example he may decline usage of your card and you are bound to prove that he used.
Similarly there may be several questions arising out of this matter.
His property in india shall give a respite to you to claim your money.
Better pay the outstanding and get rid of penalty and later consult a lawyer to file a case against him.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Your property in India would not be attached even if you fail to pay the money to the UAE credit card company.
It is highly unlikely that travel Ban would be imposed on you just due to non payment of some loans. It's better if you contact the lawyer practicing in UAE only concrete advice has most lawyers on this website are practicing in India only.
See even you pay for your cards in UAE it will be difficult to attach his property in India you have to contest the suit and since the card is in your name it would be difficult to prove that he spent that amount.
You should take action against him in UAE only. See you should block the cards and give notice and police complaint against him to close the accounts.
A case must he lodged against the person and state in the complaint that he had taken your credit cards by defrauding you. You should clearly tell the police that he has misused your credit cards.
Regards
we would advice you to pay off your credit card dues to maintain a good credit record. you have to wait for UAE police investigation.
Dear sir,
If you discover someone has made unauthorized charges on your credit card account, you should: Immediately contact the credit card company. ... If someone uses your lost or stolen credit card before you report it missing to the card issuer, you can only be held responsible for any fraudulent charge.
You have to wait for reply from Dubai police as it is a case of fraud.
If possible lodge formal FIR in Dubai against your friend for fraud.
You don't have any transaction proofs so you cannot initiate recovery suit against him.
For the money lent in a foreign country, you may have to initite steps in that country as per that country's laws and rules.
You cannot seek to attach his property in India for the loan given to him in a different country.
You may have to follow it up through Dubai police only on the basis of your complaint.
Dear all. Thanks for your all opinions. I was in discussions with Lawers in UAE. But there is an issue between UAE and Qatar country. There is no Diplomat contact between Qatar and few other Arab countries. Hence I am unable to provide Power of Attorney with UAE Embassy (in Qatar UAE Embassy closed permanently) attestation. Am also unable to enter into UAE, because the Banker may be filed case against me as Credit card default. Is there any way to file case on him in India as give personal loan( No documents with signature)
Asked 4 years ago
There is no provision in law in India to file any case in India for the cause of action taken place in a different country.
You cannot look for any solution in India since the offence has taken place in a foreign country.
See even in case you file in India recovery of same is not possible as said person is outside jurisdiction of the court. If no option left you can file and try in India.
Indian courts do not have the jurisdiction.
There is no way to file a case on him in India as Indian courts do not have jurisdiction.
Filing cases based on false facts would invite more trouble to you as it is a penal offence.
No part of cause of action has arisen in India
2)Indian courts would not ha e jurisdiction to entertain your complaint
Yes if he is a Indian residing in foreign country
You have done a great mistake.
First credit card in not transferable . It is violation of terms and conditions of credit card bank. Bank can charge you for this unauthorized use of credit card.
From legal point of view, you have not yet informed the bank about unauthorized use of your credit card . Your such activities of long acquiescence to the unauthorized transactions of your card( which you was legally bound to inform to the bank immediately after this had come to your knowledge,) would give rise to a reasonable presumption that your friend had used your card on your behalf with your consent .
This may change the main contention of the case .
So before taking any legal action , inform the the bank about the unauthorized transactions.
You may be penalized by bank but it will strengthen your case.
