• Not giving my money back

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
Asked 4 years ago in Criminal Law
Religion: Sikh

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15 Answers

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

 

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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.

Harshad Joshi
Advocate, Ahmedabad
55 Answers

- 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 .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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!

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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.

Ankur Goel
Advocate, Bangalore
454 Answers

Hi, you can file a suit for recovery of money against him. As you have transferred the money through online. You will get back your money.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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