Sir/Madam I have given Rs.5lac to a person to buy his commercial vehicle. He was saying that he will hand over the vehicle with financer Noc & necessary forms within 4days of getting money. But i found the way very risky so i told him to do an agreement on Rs.10 stamp paper to secure my money. The agreement is as follows He will gave me the vehicle on 16/04/14 with financer noc & necessary forms for changing the ownership. He will go to RTO for sell confirmation at the time of re-registration. If he missed the vehicle delivery date, he will have to give the money on 16/04/14 EOD. If he unable to refund the money on the said date he have to gave money with interest. The interest percentage will depends on me. But on 16th he told me that he is unable to gave me the vehicle as he got higher bid from someone else. So i asked for money but he told me that he had spend the money somewhere so he needs some time to refund the money. Now he is giving date after date. From last few days he is not taking my calls also. So i need suggestion to get back my money as soon as possible. What will i do now?
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Dear Querist
It is a civil case for recovery the money. First of all you should sent a legal notice to him and claim your money back with interest and if he is not ready to make the payment then you can file a civil suit for recovery before civil court under order 37 of cpc.
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send a legal notice and then file suit for recovery
1. Yes, civil suit for recovery of money can be filed against that person.
2. To exert more pressure, you can file criminal case of cheating as well.
Serve him with a legal notice demanding your money with interest if he fails, file suit for recovery.
1. Lodge a police complaint against him broing the charge of cheating against him,
2. File a Recovery Suit against him for recovery of the said amount with interest, damage & cost.
