A criminal complaint must be filed against him and his accomplices for defrauding you and threatening you. For recovery of money a suit has to be filed in the district court.
Hi I am living in usa and want to buy a car for my family in India one of my friend told me that he is on the bank panel for recovery of loaned vehicles and will get a good car I trusted him he sent me pictures of a car and demanded money I agreed to it and trusted him he made me to transfer money to account of his friens and brother's wife. I made legal transfer through my bank using xoom transfer app and now after one year he refused to return money and using abusive language and threatening me and my minor son of dire consequences if I demanded the money back what should I do? What are the legal challenges and chances of recovery with the priority of my family safety
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A criminal complaint must be filed against him and his accomplices for defrauding you and threatening you. For recovery of money a suit has to be filed in the district court.
File police complaint of cheating and criminal breach of trust against your friend , his wife under section 406, 420 of IPC
2) you can also issue legal notice to friend to refund your money with interest
3) also file civil suit to recover money paid by you with interest
4) enclose copy of correspondence exchanged with friend
A criminal complaint for cheating against him by you relative. A criminal case can be filed by anyone not necessarily the victim. File private complaint in the court of Magistrate engaging an Advocate. Your name should be mentioned as witness in the case. Produce all proof of online transfers. All legal transfers are legal. File case against your friend as accused No. 1, his friend as accused No. 2 and his wife as accused No. 3. As woman of house is involved he will settle the matter by making payment. You can appear in Court through video conference. You can also file a civil suit for recovery of money with interest by giving GPA to your friend/relative. Get the GPA attested by Indian Consulate online.
If you have any evidence where he says that your friend is going to help you for getting second hand car from bank which bank had seized for non payment.
After picture has been sent to you below that had he said that transfer money on above two different accounts of his friend and wife.
Than you can file case against him.
He’s a criminal and committed the offence of criminal breach of trust and cheating. You need to lodge a FIR against him in India. If the facts that you’ve given out are true and correct, you’ve decent chances of getting your money back.
You may file a criminal complaints against all of them, your friend, his friend and brother's wife for cheating and fraud committed by them.
Apart from this you may issue a legal notice for recovery of monay and if he is not ready to pay the amount within 15 days from the receipt of the notice the. You may file a civil suit against them before civil court.
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File a online police complaint against the accused stating all the reasons and submitting all the proofs. Also make a complaint to Narendra Modi App/Website stating the same reason.
Your grievance would be taken care of.
- Since, you having proof of payment to him , then legally you can recover the amount .
- Send a legal demand notice to him and ask for the refund of the amount with interest .
- If no response, then file a recovery suit before the court , and your presence before the court in the proceeding is not mandatory.
- Further, for his said threatening , you can lodge a compliant against him before the police and higher official even online mode .
You issue a legal demand notice to the person to whose account you had transferred the amount.
If she fails to respond or comply with the demands made, you may initiate money recovery suit against her which would put pressure on him to arrange for a settlement.
Dear Sir,
1. you can either file a civil suit, a criminal proceeding or can settle the dispute through arbitration or look adalats.
2. for detailed information can refer the following link.
Legal Actions to Take if Someone Hasn’t Returned your Money - Vakilsearch
Thank You!
1. Do you have evidence that he demanded the money for buying the car for you?
2. If yes, then lodge a police complaint against him for deceiving/defrauding you.
3. Thereafter you can also file a Writ Petition against police action if police does not register a FIR based on your said complaint and pray for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.
4. You can also file a Recovery Suit against them whom you had made the said payments seeking recovery of the amount paid by you.
You need to file cheating complaint against him in india. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
You can file a police complaint against the said person for the offence of cheating, fraud, criminal breach of trust and criminal intimidation under Section 406/415/420/506 of IPC.
If you're concerned about your family's safety, you can file a petition for grant to police protection in High Court.
For Family safety, you can lodge police complaint. Maybe you can take private security guard for 1 month.
- Better to send a legal notice through lawyer to that fraud friend to refund your money immediately.
- If still not refunded then file police complaint for cheating and criminal breach of trust against your friend and his wife.