• Refusal to return loan of USD $3000

In Jan 2021, a long-forgotten classmate by name RVM [about 40 years back in 1982] said his family was n deep crisis, and asked for $3000 loan, claiming spiritual Guidance from his Guru in a vision wherein RVM was directed to ask me for said money. I believed in his story, and transferred the $3000 by Xoom to his bank account in Pune. He promised to return the money in two weeks, claiming his realtor business was picking up. But two weeks became two months, two months became 4, but no sign of the promised return. Finally in June, I forced him to return Rs. 10000. To date, he has only returned $20000 more, which all amounts to just $390. The bulk amount of $2600 is still pending. I discovered that he had used spiritual Guidance to extract money from me, and is now refusing to return the $2600. Nothing seems to work, as he is giving excuses on every front. He refuses to seek loans from banks or NGO's, refuses to borrow from relatives, friends or other classmates. While I am myself not a rich person and just make ends meet, I gave him the money because I believed he was in a crisis. But he is leading an extravagant life, with monthly expenses exceeding Rs.60000, but will not find Rs.10000 to return on monthly installments. I need your help to recover the $2600 at the earliest.
Asked 6 months ago in Criminal Law
Religion: Hindu

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9 Answers

You have good case against him for recovery of money. There is proof of payment and repayments by him. Issue lawyer's notice seeking payment  with interest and then file suit for recovery of money.

For filing suit for recovery of money you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper or even on white paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner and get it attested by official there. Due to pandemic walk ins to consulate are suspended you will get the attestation online. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything appointment of Advocate, filing case, etc. for you. Engage a senior Advocate , you can recover you money with interest and costs of litigation. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.  

Ravi Shinde
Advocate, Hyderabad
2477 Answers
41 Consultations

5.0 on 5.0

Issue legal notice to your friend to repay your loan 

 

2) if he refuses file police complaint of cheating , criminal breach of trust against your friend 

 

3) you can also file suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
87566 Answers
6125 Consultations

5.0 on 5.0

You have to file a criminal complaint against him for defrauding you by telling you false stories. A recovery suit must also be filed for the money.

Rahul Mishra
Advocate, Lucknow
13709 Answers
63 Consultations

5.0 on 5.0

From the facts given, it seems that you do not hold any documentary proof for the loan and the limitation period to recover the loan legally also is lost, unfortunately.

Swaminathan Neelakantan
Advocate, Coimbatore
1878 Answers
18 Consultations

4.9 on 5.0

Dear Client,

 

If you have lent the money in good faith without charging any unlawful interest, then you can file a recovery suit in a civil court having the Jurisdiction to try the suit. However, relevant documents such as an agreement paper, a promissory note, loan agreement etc. will be required in such cases to prove your claim. You can also file for a summary suit under Order 37 of CPC in that case. 

 

Thank you. 

Anik Miu
Advocate, Bangalore
4619 Answers
50 Consultations

4.9 on 5.0

You need file a civil suit for recovery of money. If you can take a cheque from him and it bounces it will be better to file criminal proceedings. 

Sir, If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
26974 Answers
83 Consultations

4.4 on 5.0

Since you have evidences for the money lent to him and also for the partial repayment of the loan amount, you first issue a legal demand notice to him mentioning the background of this amount borrowed b y him. 

If he is not responding nor complying with the demands made , you may better file a money recovery suit in an appropriate court

T Kalaiselvan
Advocate, Vellore
77722 Answers
1506 Consultations

5.0 on 5.0

- Since, you have paid him the said amount by way of online mode , then on this proof you can claim refund the entire amount from him legally. 

- Send him a legal demand notice for said friendly loan , and if not refund then file a recovery suit before the court for getting the amount with interest. 

- Further, as you are living abroad , then you can give any nearest one to engage a lawyer and to file the said case ,and your presence is not mandatory. 

Mohammed Shahzad
Advocate, Delhi
9690 Answers
115 Consultations

5.0 on 5.0

At the outset issue a legal notice onto him that he repay you within 7 days of receipt of notice, failing which you will initiate civil and criminal proceedings against him. This will give him that little push to come down for a settlement of installments, but only this time get an MoU signed from him agreeing to the terms failing which you can again initiate proceedings against him. If he doesn't adhere to the timelines set by the MoU file a criminal complaint in the police station u/s 420 IPC

Sanjay Narayandas
Advocate, Hyderabad
101 Answers

5.0 on 5.0

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