• Lend money to friend with an agreement, money to be refunded if not fulfilled - lied

I and my friends, of the same village along with a witness from my neighbor, established an agreement to lend money he needs to get some NGO/(I do not know details from where) fund for establishing a nursery school in the village. I had good intentions for such a cause and wanted to be part of its establishment. But after lending money, he asked for money again, this time my witness doesn't know except I have WhatsApp interaction and phone calls. The first time, Rs. 5000 and then again 3000. Every time he promises to pay me back within few days, maximum within a week. But I found myself something fishy as he avoids meeting me when asked to meet. Even he tells me over the phone that he will meet this evening and then he never apears. By talking, I realized he is hiding too many things, and never talks straight forward. My January end, 2021 if the fund is not approved he supposed to be refunded my Rs. 55,000 by 10th Feb 2021. When I asked this mid-February about refunding my money, he said this work needs time and I should be patient. When I talked about the agreement and asked for a refund, hesitantly said that before April 2021 he can't refund money because he does not have any money. Now I am in doubt whether my agreement is any fruitful for any legal aspect to force him to pay me my money back. And by the way, I do not believe this man anymore. He has broken every word from paying back small loans of 5000 and 3000 that I lent him for his urgent needs. 

When I asked his brother about what this man, I called him, is up to. His brother can hardly know anything his brother does. My witness, also warned me that he was suspicious about it him taking my money.

What should I do and how can I proceed?
Asked 3 years ago in Civil Law

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14 Answers

- Since, you having proof of payment with you , then legally you can recover amount from him 

- You can send him a legal notice for the recovery of that amount , and thereby mention that if not make payment , then you will be constrained to take legal action against him. 

- If, no response then file a suit for recovery against him , and thereby claim the entire amount with interest and legal expenditure . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

If you have proof of payment  through whatapp you can enforce him to pay or at least you have witnesses who will support you case that will also be sufficient. First ascertain what proof you have then issue him lawyer's notice seeking payment within fifteen days. Then you can file suit in civil court for recovery with interest you can also file criminal complaint for cheating. Filing criminal will be more effective.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You can sue your friend to recover the loan amount with interest 

 

2) also file police complaint against him for cheating as he has taken loan and has refused to repay the loan amount 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello, 

  1. The agreement will be handy in filing a case against him to recover the money. You need to issue him a legal notice demanding the money back. 
  2. You must get his proper physical address and find out of he has any immovable assets in his name. 
  3. If possible get him to issue you a post dated cheque for the entire amount due to you. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Dear sir,

 

Your first step should be to send him a legal notice asking to repay the amount failing which you will go to the court.

However, if he doesn't pay heed to your response then you should rightly go to the court after filing suit of recovery. Thank you.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

The evidence in your possession is not sufficient to file a recovery suit against him.

Hence you first issue a legal demand notice on the basis of the loan agreement and then on the basis of the legal notice you can file a money recovery suit to recover your money.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Since you have already initiated the legal process, what made you to approach him at his home and get into an altercation?

Nobody in the village or outside will be able to help you, hence it is always better to proceed legally in the manner you have started.

You may have to file a cheque bounce case against him.

Let him know the judge or the prime minister, you shouldn't be scared about his connections or threats.

You may proceed to file the cheque bounce case as per law and get him prosecuted.,

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

File summary suit to recover your money with interest 

 

also file police complaint of cheating against your friend 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

1. This is a case of gross injustice to the income you lent. It is best you file a civil suit 

2. You can file a civil suit for recovering the money he owed through promissory note or loan agreement. You may do so under Order 37 of CPC which allows the lender to file a summary suit. You may file this suit in any high court, City Civil Court, Magistrate Court, Small Causes Court.

3. This suit consists of an important declaration stating the specific relief the lender pleas and the relief should not be beyond the ambit of the order as final relief. The first step is drafting the summary suit and then it should be summoned to the person who borrowed money. The court requires a certain document to produce before them, along with the plain copy and summons. Once the suit is filed, the defendant will be asked to appear before the court within 10 days. If the person failed to appear, the lender has to show the summons he sent before and then the court orders him to send another summon. If the person has any defence he can claim before the court, if not the court will assume the lender’s allegation as true and reward the judgment accordingly.

4.The lender can also file a suit under the Negotiable Instrument Act. This can be filed only for people who did not return the money which was borrowed by the lender via cheques, bills of exchange etc. For instance, the person returned the money through cheque to the lender and later if he found it has bounced, the lender can file a suit under Sec 138 of NI Act and the person has to repay within 30 days. If the person fails, the lender can further file a criminal Suit against him. If the court finds him guilty, the person will be imprisoned for two years and also has to pay double the amount of the cheque issued.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- If you have already send him legal notice through an advocate , then why you not filed case against him 

- If you have cheques , then after filing case if he will not appear before the court , then warrant can be issued against him 

- Further , if that cheque expired , then file a civil suit for recovery based on that legal notice dully send by you. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You can engage any local lawyer from this website for filing summary suit to recover your dues with interest 

 

case filed in police station is for punishment not for recovery 

 

you have to file civil case to recover your dues 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the police did not call you back then it becomes your duty to follow it up by visiting the police station again and again till such time they take any legal action on yor compliant.

However please be aware that even if the police registers FIR, it can only file a charge sheet before court to prosecute him for the charges of cheating  but police cannot take any action to recover your money from him.

To recover money from him  you may have to approach civil court alone and not by criminal laws.

Further in this public forum of advocates you cannot ask the advocates to solicit by asking them to contact you, this will be an act against the Advocates act.

If you are impressed about any advocate you can contact them by clicking to their contact details available in this forum.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

- You can engage any lawyer of this website for the said work done , and sending a legal notice.

- A notice can be send from any place of India ,

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Sir,

1. It is best to get your FIR work done from a lawyer 

2. It is best to look for a local lawyer to help you fight the case. State laws vary from state to state. 

We wish you all the best

Thank you

God Bless

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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