• Money lent to an entity not paid back

The CEO of an entity called CAPA India known to me personally from professional circles, reached out for financial help during August 2024. The outreach was very critical and promises were made that repayment shall be made within 3 months. Hence I availed a personal loan and paid the money to the entity. WhatsApp messages are saved with me. They have not paid even a single penny thereafter. The EMI is hitting me badly. Please advise a legal way to recover this money.
Thanks.
Asked 5 months ago in Civil Law

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13 Answers

Based on the facts shared, you have a valid cause of action to initiate legal proceedings for recovery of the amount under Indian law. Here's a legally sound course of action:

You may issue a legal notice to CAPA India and its CEO, clearly stating that the amount was transferred as a financial help based on assurances of repayment within 3 months (as evidenced by WhatsApp messages), and despite repeated follow-ups, no payment has been made. Demand repayment of the full amount within a stipulated time (typically 15 days) failing which, you may initiate civil recovery proceedings under Order 37 of the CPC (Summary Suit for Recovery), or a regular money recovery suit if the case does not qualify for summary procedure.

Further, if the amount given can be construed as a loan for business purposes, and not a gift or voluntary help, you may also explore lodging a criminal complaint for cheating (Section 420 IPC) if fraudulent intent at the time of borrowing can be reasonably shown.

Preserve all digital communication (WhatsApp, bank transfer details, loan disbursal records) and consult a lawyer to send the notice and initiate proceedings. If the CEO or company is based in another city, jurisdiction can be established where the loan was disbursed or where the money was transferred from.

Would you like help with a legal notice draft?

Aman Verma
Advocate, Delhi
501 Answers

1) issue legal notice to CEO to repay loan amount 

 

2) if he fails to repay file civil suit to recover money with interest 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

you have to send legal notice 

 

engage any lawyer from this website in this regard 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

Send a legal demand notice to CAPA India via registered post/email, stating:

  • Amount lent and date (August 2024)

  • Promise to repay within 3 months

  • Non-payment till date

  • That this is a final demand to repay within 15 days, failing which civil and criminal action will be initiated

You can attach WhatsApp chats as proof.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

You need to send them a legal notice and thereafter file suit for recovery of money 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You can issue a legal notice to the company demanding the money lent to them citing the documentary evidences for transfer of the money from you to them and can instruct them to repay the same with interest within a time stipulated therein, failing to yield any positive response or if they do not comply with the demands made, you may file a ,money recovery suit before the appropriate civil court. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

It is not a letter but a legal demand notice.

You can approach any advocate either from this website or outside to get your task completed on the terms of chosen advocate.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Send a legal notice first; if there is no response then file a civil suit for recovery.

Gaurav Ahuja
Advocate, Faridabad
133 Answers

WHAT I UNDERSTOOD FROM YOUR QUERY AND MY ADVISE ACCORDINGLY:

In August 2024, the CEO of CAPA India personally contacted you seeking urgent financial assistance. He promised to repay the money within three months. Relying on his assurance, you availed a personal loan and transferred the funds to his entity.

You saved all WhatsApp messages documenting this request and his commitment to repay. Since then, he has not repaid even a single rupee, and you continue to pay the EMIs, causing financial strain.

 LEGAL REMEDIES AS FROM THE QUERY:

  1. Send a Legal Demand Notice

Engage an advocate and issue a legal notice to the CEO, holding him personally liable. In the notice, demand:

  • Full repayment within 15 days,
  • Interest and compensation for mental harassment and EMI burden,
  • Reference to the WhatsApp messages and loan documentation to establish proof of the transaction.

Mark a copy of the notice to CAPA India, especially if you transferred funds to the company account.

  1. File a Civil Suit for Recovery

If he fails to respond or repay, file a civil suit for recovery in the appropriate court. You may:

  • Use Order 37 CPC (summary procedure) if no complex facts are in dispute,
  • Claim the principal, interest, and litigation costs,
  • File the suit where the transaction occurred or where you reside.

 

  1. File a Criminal Complaint for Cheating (if applicable)

If you can establish that he never intended to repay and induced you to take a loan fraudulently, file a criminal complaint under:


  • Section 420 IPC – Cheating,

  • Section 406 IPC – Criminal breach of trust,
  • Section 417 IPC – Simple cheating.

Submit your complaint before the Magistrate or local police, and attach:

  • WhatsApp chats (with date/time stamps),
  • Bank transfer receipts,
  • Proof of your personal loan (sanction letter/EMI statements).

 Courts consider criminal charges only when you prove dishonest or fraudulent intent at the time of borrowing. Ensure that your complaint highlights this clearly.

  1. Raise a Complaint Against CAPA India (if corporate liability is involved)

If you transferred money to CAPA India:

  • Send a formal complaint to the company's official email and Board,
  • File an online grievance with the Ministry of Corporate Affairs (MCA) portal for unethical conduct.

You have clear documentary proof and a legitimate claim. Take immediate legal action by issuing a demand notice. If the CEO does not repay, pursue civil and criminal remedies. Do not delay, as the limitation period (3 years from due date) for recovery starts from when repayment became due.

 

In case you need my assistance in the matter I can be contacted on 

 

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

- You can send a legal notice to the said company 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Dear Sir/Madam,

You are suggested to approach the concerned CEo with a demand notice to demand/return of your money as soon as possible and if not paid by him, file a case of recovery against him. For drafting a valid letter legally, you are suggested to contact an advocate of your choice from the portal link talk to a lawyer and then the lawyer will be able to help you out personally. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Claim this, through a legal notice.

Contact a lawyer for sending legal notice. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

  • The money lent to CAPA India for 3 months was availed by taking out a personal loan. This has not been repaid, and the EMI is causing financial distress. Please advise a legal way to recover this money?

This money can be recovered from the borrower. Despite there being no official agreement between the parties, the saved WhatsApp messages, the proof of transfer etc. suffices for enforcing the debt. The very first step towards recovery is sending a legal notice to the debtor, specifying the money lent, the terms of debt as well the warning about legal action that would be adopted if repayment is not transacted within a reasonable period of time (mention specific period as well).

If you want to directly proceed against the debtor, initiate a summary procedure for recovery of debt under Order XXXVII of the code of civil procedure, 1908. Among the reliefs claimed, include the cost of litigation or claim damages for the distress caused by the delay, along with the principal amount lent along with the interest if any. Note that, the proceeding must be initiated within the prescribed limitation period, that is, within 3 years from the date of due.

Legal principle: Order XXXVII of CPC. If convinced necessary, proceed against the debtor under section 420 and 406 of IPC for cheating and criminal breach of trust respectively.

  • What is the standard format for a legal notice to be issued to the debtor for recovery of money?

A well-structured legal notice should include essential details such as the sender’s and recipient’s names, addresses, and contact details. It must also specify the nature of the financial transaction, the amount due, and the date of default. Additionally, the notice should clearly state the legal grounds for the claim, citing relevant laws, and set a deadline for payment. By outlining the legal consequences of non-payment, it compels the debtor to settle the dues to avoid litigation.

General format of a legal notice:

[Your Name/Your Company Name]

[Your Address]

[City, State, Zip Code]

[Your Contact Information]

[Your Email Address]

[Date]

 

To,

 

[Recipient’s Name]

[Recipient’s Address]

[City, State, Zip Code]

[Recipient’s Contact Information]

 

Subject: Legal Notice for Recovery of Outstanding Dues

Dear [Recipient’s Name],

Under instructions and on behalf of my client, [Your Name/Company Name], residing at [Your Address], I hereby serve you with this legal notice as follows:

  • That my client had entered into a financial arrangement with you on [Date of Agreement], wherein you agreed to pay an amount of [Total Due Amount] for [Specify Transaction Details].
  • That despite repeated reminders and verbal requests, you have failed to fulfill your financial obligation, and the outstanding dues remain unpaid to date.
  • That my client has made multiple attempts to recover the said amount through amicable means, but you have neglected to comply with the terms of repayment.
  • That under Section [Relevant Legal Provision] of the Indian Contract Act, 1872 and other applicable laws, you are legally bound to settle the said amount without any further delay.
  • That my client hereby demands the immediate payment of [Total Due Amount] within [Number of Days] from the date of receipt of this notice.
  • That failure to comply with this demand within the stipulated time will leave my client with no alternative but to initiate legal proceedings against you in the appropriate court of law for the recovery of the amount along with interest, costs, and other legal charges.
  • That this notice is being sent to you as a final opportunity to clear your dues before litigation is pursued.

You are requested to treat this notice with urgency and make the necessary payment at the earliest.

A copy of this notice has been retained for future legal reference.

Yours sincerely,

[Your Name]

[Your Advocate’s Name (if applicable)]

[Advocate’s Contact Information]

 

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

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