Money recover from a friend and matrimony fraud
I have been following expert’s replies to different problems at Kaanoon for quite some time to get some idea about the legal procedures I can go to recover money from couple of people living in Mumbai. I am looking for expert’s replies and a lawyer to help me out with the two cases. I am living in New Jersey, USA since 2008. Even after going through many posts on this site, I struggle to find a way to proceed for my case.
First Case: Money Recovery from a Friend
One of my friend borrowed total of 1.5 lakh from me to set up her business in Mumbai. All the transactions were made in 2010 through western union and SBI remit online (it’s almost 4 years now). I did not do any written agreement as I trusted her words. Later, when I asked to return the money she changed her number and stopped picking my calls or replying my messages. Since, I got her intention not to return the money, I personally went to Mumbai to meet her in 2011. She gave me the written assurance on a signed paper that she has borrowed 1.5 lakh from me and she will return it. Probably she intentionally didn’t mention any return date. It’s been almost 3 years now, once again she changed all her numbers and mail Ids. There is no way that I can reach her. On today’s date, she has a well-established fashion industry in Mumbai.
The proofs I have
1) Promissory note for 1.5 lakh on a plain paper, she has borrowed from me and going to return it. Signed on 8th July 2011 (still within 3 years).
2) All the western union receipts and emails from SBI remit online. Showing money has been transferred to her account/received personally.
3) All the Gmail chat history for asking money and confirmation of receiving the same.
Second Case: Matrimony Fraud and Money Recovery
This case is the most recent one. I met a girl on Shadi.com, soon after she deleted her profile from shadi.com and shared her email Ids and phone numbers. Everything went fine for first one month, she shared her Facebook password as she was pretending to be a nice girl and she doesn’t have affairs with anyone. Later she told me she had physical relationship with a boy. It was fine with me, I told her I have nothing to do with your past.
The fun part started after the first month. After she gained enough confidence she started exploiting me for money. Each time she comes up with some excuses and asked me to send her money. She was borrowing money and told me she will return it in 2-5 months. She took almost 2.3 lakh within next two months, and again I trusted all of her stupid excuses. She emotionally fooled me many times, her excuses for money includes, got a new job, she always name some big company and higher position, e.g. Center Head of a film institute, Admin at Herbalife, manager at some construction company, go banana, some gym etc, sickness, internet bill, buying a new phone, pay loan installments, pay bike loans, she will buy my international and domestic tickets and book a hotel during my visit to India etc etc. She never did anything. I have no idea where she used all those money and she never care to tell me even after I asked her repeatedly. She always wants to go away after she received the money. I never met this girl in Real. I don’t know the exact location either. She used to hide everything. She claims to be the Center Head at DMPA, Mumbai and going to be a lead actress in a movie, difficult to believe as she doesn't have any formal qualification or experience in acting. Recently I found out, she is working as a Creative head for a marriage bureau in Mumbai.
It was not possible for me to go and physically meet her, so I asked her to visit my home. She did went with her mom to my home and met my parents. After they visited my home, she and her mom started demanding money for engagement and all.
In between these things, I received messages from another couple of guys claiming to be her ex-boyfriends and had physical relationship with her. I spoke to them, they appears more genuine and they did send me email exchanges between them as proof. She did the same things with them, lured them for marriage and took huge sum of money. She did went to many honeymoon trips with them.
Since she borrowed money, I asked her to return, in reply, she refused to return and threatened me to file a complaint against me and put me and my parents behind the bars.
I don’t have any problem with her personal life. The problem I have is, she lied and borrowed money and refusing to return and threatening me to file police complaint against me and my parents. I did sent some abusive messages, asking her to return the money she has borrowed.
There are more details in it. I am looking for a lawyer to discus in more details.
The proofs I have
1) All the whatsapp/gmail chat messages, where she mentioned to be borrowing money from me and going to return it. She acknowledged me whenever she received money.
4) All the western union receipts for money transfer, showing money has been transferred and received personally. All the transactions were made between September 2013 and March 2014.
2) Emails and chat history from her ex-boyfriends, claiming to be physically involved with them and took money from them.
I need Advice on
1) Anything I can do to recover my money?
2) How to proceed being living outside India, as I am living in New Jersey, USA. I am planning to visit India on July, but again its outside 3 years’ time for the first case if it is time barred.
3) Shall I wait until I visit India for the second case? For me, it’s a clear case of fraud. How to proceed?
4) Looking for a good lawyer for consultation.
5) Last but not the least, forget everything and move on with a big heart. I feel pity sometime as those were my hard earned money. I don’t want to get involved my parents for false allgations.
Asked in Civil Law from New Jersey, USA, Maharashtra
1) you have to issue legal notice and file summary suit for recovery of rs 1.5 lakhs before 7th july 2014 .
2) in the event you fail to do so claim would be barred by limitation
3) as far as your second case is concerned issue her legal notice to pay Rs 2. 30 lakhs borrowed from you .
4) you can also file case of cheating against her .
5) best option is to issue legal notice and wait for reply . then decide next course of action as litigation is an expensive proposition
1. As regards the first case, the promise that she gave to you on a piece of paper on 8th July 2011 is the only weapon in your legal armour in view of the fact that an agreement did not precede the giving of money by you. You have time till only 8th July 2014 to file a case for recovery of money, whereafter your right to bring legal action for recovering this sum of money will be foreclosed once and for all. The right to recovery of money encompasses within it the right to recover money along with interest, if agreed, and also the amount spent towards the legal fee of lawyer.
2. Coming to the second case, as of now the only feasible option is to issue a lawyer's notice for demand of money to her. It is possible that she might crumble under pressure and agree to return the money. Unlike in the first case, you have no proof in the second case of having advanced the amount to her. So your best bet is to issue a lawyer's notice at this stage and then plan your further course of action depending on her reply and the advice of your lawyer.