• Defamation case for abusing

Accidentally I transferred 35000 to previous house owner and when I asked to return she abused us a lot over the phone. And she is not ready to return so raised a complaint with Axis bank where I hold the account. She is holding account in canara bank. This is in progress with the bank. Meanwhile,1. can I file a defamation case against lady owner for abusing us? 2. What are the legal options to recover money if Bank is not able to help me in reverse the transaction? I have sent the screenshot of transaction to lady owner on whatsapp, also she agreed over the call that she received the fund. But not ready to return.
Asked 12 months ago in Criminal Law
Religion: Hindu

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20 Answers

You can't reverse the transaction if done willingly. If done by mistake bank has power to reverse it. If not reversed you can send her legal notice and approach court for recovery. Defamation will only be liable if she defamed you wrongly

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Abusing on phone is between 2 person is not defamation. If it was in public than would be a matter of defamation. Have to file Recovery suit. Send her legal notice to refund the by mistake transferred fund or you will file FIR against her and civil recovery suit. 

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

for defamation, the abusive words are required to be uttered against you in public

here that happened over phone call

so defamation charge cannot be invoked

to recover the money, you will have to file a money recovery suit against that lady

banks will not help. Bank would not know that the transaction was made accidentally by you

you can also lodge a police complaint against the lady for illegally withholding your money and for criminal intimidation over phone

Yusuf Rampurawala
Advocate, Mumbai
6435 Answers
54 Consultations

5.0 on 5.0

1. If she abused you over phone and no one heard her abuse then no case of defamation lies though on this you can file case of criminal breach of trust and criminal intimidation. 

2. The bank has got nothing to do with your mistake.  File the criminal case as advised above.  Filing a civil suit for recovery is another option. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

Dear querist,

1. Send a recovery of money legal notice along with the cease and desist notice for defamation and seek the public apology from the lady. You can also seek compensation for her misconduct. 2. If that suffice your requirement, fair enough. If not, then we will proceed with filing the case for defamation and recovery suit as well as criminal complaint for theft and cheating. In case you seek my assistance, i can be contacted through google on https://g.page/advocate-yuganshu-sharma-sys-la?share

Yuganshu Sharma
Advocate, New Delhi
390 Answers
1 Consultation

5.0 on 5.0

File complaint for cheating against lady for refusing to return funds deposited in her account 

 

do you have any call recording of abuses hurled at you kindly clarify 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

You can make complaint to RBI ombudsman regarding this for reversal of transaction, if this is within 48 hours of transaction done.


https://cms.rbi.org.in/cms/IndexPage.aspx?aspxerrorpath=/cms/cms/indexpage.aspx

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

1. You have transferred the said amount inadvertently to the that lady in question.

 

2. send her a legal notice asking her to return the amount within next 7 days.

 

3. If she does not, file a recovery Suit against her.

 

4. It will not be a defamation suit. You can lodge a police comp0laint against het for abusing you if you have any evidence in support of your allegation.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Dear sir/ma'am,

Merely abusing does not amount to defamation unless the abuse is defamatory in nature (such as aspersions on caste, character etc.) and is made in front of someone else. 

Therefore it is not advisable to file a defamation case, you'll simply end up wasting your time and resources. 

For recovery of money you can first get issued a legal notice demanding the refund from the lady. If she does not refund you can institute a suit for recovery of money. This case basically falls under the category of "quasi-contracts" and she is legally liable to refund the money.  

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

1. defamation essentially must fulfil the following requirements:

  • The statement must be published. ...
  • The statement must lower the estimation of the person. ...
  • Defamation must have happened before “right-thinking” members of society.

If the above three conditions are satisfied you can file the proposed defamation case.

 

2.  You issue a legal notice to the person who received your money demanding her to return it, failing to respond or comply with the demand made, you can file a money recovery suit agaisnt her before court.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

- Since she has accepted for the receiving the said amount, then on the ground of proof of payment , you can recover the said amount from her legally. 

- If she refused to refund the amount , then you should send a legal demand notice to her , and further if no response then you can file a recovery suit against her before the court , and your presence is not mandatory for that case. 

- Further , as per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Your mentioned details are amounts to Defamation by that landlady , and a criminal case can be filed. 

- You can also file a civil defamation case, for claiming compensation, after paying court fees. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1) No.  The ingredients are not available to initiate Defamation.

2) Obtain the written reply from the Bank giving reasons for not reversing the payment made by you to the lady, based on which, you can issue notice to the lady demanding the money, if she fails to respond / return the money, then file suit for recovery of money.

 

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

A recovery suit can be filed against her but file it quickly. A criminal defamation can be filed against her if she has publicly abused and ridiculed you. Private altercations don't come in the category of defamation.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Hi, it is advisable to issue a legal demand notice and file a civil suit for recovery in court if she fails to comply with the notice 

Hemant Chaudhary
Advocate, Gurgaon
4609 Answers
53 Consultations

4.9 on 5.0

you can file recovery of money suit. 

Instead of filing defamation, you must file a complaint in the concerned police station and if they do not take any action then file a private complaint in the court of Judicial magistrate. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. Yes you can file the defamation suit against her.

2. File a money recovery suit. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Client,

You may first send a legal notice for recovery of the amount to the accused. If after receiving the legal notice, the accused dont response then you may file a Suit for Recovery of the same amount.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

1. No defamation cannot be filed for abusing on phone because it is related to defamatory comment or material against someone to be published or stated against you to someone else.

2. You can send a notice for recovery to previous landlord that money was transferred on your account by mistake of current current landlord and demand the refund of money transferred.

 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve a legal notice to said lady owner regarding defamation and demand of the money and if not done her, file the suit in the court for the same. it is also suggested that being a lady she may misuse some women oriented laws and can file the false cases against you. Hence, submit an humble application to police authorities mentioning all the fact and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members. This application can be sent by post, but preserve the application and postal receipt.   

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Client

This is to inform you that

  • In India, defamation gives rise to two types of liabilities — the civil side and one on the criminal side.
  • On the criminal side, the liability for defamatory statements is governed by Sections 499 and 500 of the Penal Code, 1860. However, there is no statute governing the civil liability of a defamatory statement.
  • Under Section 499 of the IPC – “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame”. In the present case personal conversation and the abusing shall not amount to defamation.
  • Further, if the bank fails to reverse your transaction then you send her the Legal Notice for the recovery of money followed by civil suit under the provisions of Order XXXVII of the Code of Civil Procedure, 1908. (In Neebha Kapoor v Jayantilal Khandwala, Supreme Court said the underlying public policy behind Order 37 is expeditious disposal of suits of commercial nature. It provides for such disposal as expeditiously as possible by prescribing time frame.)

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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