• Money taken by a fraud person

Hi,

started talking to the girl(screenshots and proofs available), while talking i was lured into lending the money almost 95000 in three parts, to the girl. Call and phone recordings available, when our parents were to speak she used to change her voice and started talking as her mother, which was determined by her availablity on whatsapp. Main point being she borrowed money and was a fraud, i have the account number and the name of the person who's account was used for the money transfer, i also have the TATA sky account number which also in the name of the same person, who was claimed to be the girl's Aunt, I 100% suspect there is only one person behind the whole racket, and she has been using different names since 2011, i know her identity from Facebook, have her phone number which are currently on, She has stopped responding to my messages. please help as i need my money back..

regards,

Arun
Asked 1 year ago in Civil Law from United States
1) file police complaint of cheating against the girl who borrowed money from you and is refusing to return the same 

2) if however money had not flown into her account it would be difficult to prove that she was the beneficiary .

3) evidence of person In whose account money was transferred would be important 

4) you can engage a detective agency to trace her whereabouts 

5) you can issue legal notice to the girl to repay the money advanced by you 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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If you are sure about the girl's fraudulent activity and cheating on you, it will be better you lodge a complaint with the police because the evidences you possess will help police o trace out the fraudster and at least others will be protected from her cheating in the future. 
If you think of approaching court for recovery, the evidence in your possession will not be sufficient and strong enough more over you have give her address and details of lending etc to the court.  But in police complaint you can simply say that she cheated you by luring you. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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complain to the cops against the girl who cheated you by filing police complaint in local police station 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1. You can file a lawsuit for recovery of money against her if the transfer of money is documented. Her address would have to be furnished to the court so that she may be summoned.

2. You may also file a criminal case for cheating against her, 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
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if the person who borrowed the money is identifiable then you can trace out her permanent address, lodge a case U/s 420 IPC, in addition you can proceed to recover the money together with interest and other miscellaneous charges from a competent civil court. 
If the person who received the money and facilitated the exchange are two different persons, then you will have to lodge a complaint including all such persons names with adequate proof at the time of filing the criminal case.
Do not fall prey to such honey traps being set up to fleece money from gullible persons.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
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Hi sir, if you have proof in this regard you have to give police complaint before cyber crime police station against her. If you are staying in India you have to file civil suit for recovery of money against her by producing these documents. If not staying in India, you have to give Power of Attorney to file the civil suit for recovery of money and conduct the said suit and get the court order. It is the procedure to get the back your money. The phone recording or Email messages are admissible in Information Technology Act, 2000 and 2008 and it is for admissible as evidence in the court of law. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
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1. You shall have to first establish how she has committed the alleged fraud on you or has cheated you,

2. Did she ask for any loan from you? or You just made the payment as a gift or seeking some unlawful favour from her?

3. If it was a loan, then what was the repayment term? Was there any commitment from her that she will refund you te said money after a specified period?

4. If it is your complaint that without seeing the girl you have remitted Rs.95 K to her Aunt's account without any repayment term decided before hand, then I am afraid the police might ask you lot of uncomfortable questions for which you should prepared with suitable answers,

5. However,lodge a police complaint against her for cheating you,

6. Trace her identity and file a recovery suit against her claiming payment of the said amount with interest, damage and cost. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. If you are sure about her identity, lodge  police complaint and file the recovery suit as suggested in my earlier post against her,

2. Engage a local  lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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