• A relative is not returning my money lended - INR 2 lacs

Hello,

I lent  money to a relative via online transaction last year for helping them with a venture on the condition he would return it within 2 months.
It has been a year and i have come to know he has been part of a big scheme of things and borrowing money from people and spending it for leisure.

How can i take a legal action against them?what should be my actions.
Asked 10 months ago in Civil Law from Bangalore, Karnataka
1) issue legal notice to your relative to return your money given as friendly loan 

2) if relative fails to return file summary suit under order XXXVII of CPC to recover money with interest 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Send a legal notice to your relative to return your money forthwith which he had borrowed from you.
Mention in the notice that suitable legal action will be taken against him to recover the money.
2. In case your relative gives a cheque to you for the amount and if it is not honoured by the bank
and bounces then you can file a case against him for recovery of your amount U/S.138 of N.I.Act.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
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You have the documentary evidence being the account statements to prove the remittance of money to him. So the remedy is to file a lawsuit for recovery of money against him in the civil court. Before going to court you should issue a lawyer's notice to him to see if it works.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hello,
1) If he has not given you any security like a cheuque you need to now issue a legal notice to the relative demanding the money to be returned to you.

2) If he fails to comply with your demand for the return of money you would have to file a suit for recovery of the money lent. You will be required to detail the circumstances whre you gave the friendly loan in your notice itself.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
file a suit for recovery of money and interest thereupon. You have sufficient proof towards transfer of money in his account. however you cannot claim interest because you have not banker's license but according to section 34 CPC you can get interest thereupon from the date of arising of cause  of action to its payment. 

cause  of action is arises after lapse of 2 months so you have right to get interest from that day. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
issue a legal notice to him through advocate and demand your money back and if he is not make the payment within notice period then you may file a civil suit for recovery before the civil court against him and claim your money along with interest and compensation.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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section 34 CPC provides 6% interest on the decreed amount till the date of payment. You should take printout of that transaction ind get its verification from BM of bank. state the purpose for which that money is transferred. purpose is necessary to prove that he needed money at that time. 

also claim expense of litigation and compensation for mental agony. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) you can contact a local lawyer for sending legal notice 

2) charges vary 

3) it is immaterial if relative is in different city 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Talk to a lawyer and ask him about his fee for sending the notice. The case can be filed where you were residing on the date of transfer or where your relative is residing now.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Is there any written commitment given by him stating that he will return the said money within 2 months?

2. If yes, send him a legal notice to return the said amount within next 15 days,

3. If he fails to return you the aid amount, file a Recovery Suit claiming refund of the said amount with bank rate of interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Engage a lawyer the purpose and show him all the documents you have in this regard,

2. The standard charge for drafting and sending the legal notice is Rs.1K.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Contact a Lawyer and give him the payment details and he would do the needful.
2. It doesn't matter whether the relative resides in the same city or in a different city.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
5.0 on 5.0
I lent  money to a relative via online transaction last year for helping them with a venture on the condition he would return it within 2 months.
It has been a year and i have come to know he has been part of a big scheme of things and borrowing money from people and spending it for leisure.
How can i take a legal action against them?what should be my actions.
First on the basis of online transfers,you may issue a legal demand notice demanding him the money he borrowed from you and can inform him that you have evidences to prove before court and police for this transaction (you should not mention the type of transaction or its details)with whose help you can take proper legal action against him if he is not returning the amount and he may have to face the consequences for it.
A reply to this notice will create an evidence subsequent to which you can file a money recovery suit.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
But , can anyone guide me how to proceed to send a legal notice and what are the standard charges for that.
Also, the relative lives in a different city.Will it make a difference?
For sending a legal demand notice you may engage an advocate, who may charge his nominal fee for the services offered. 
Even if stays in a different city, there is legal infirmity to send the notice from your city.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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