My maid had entered into a local chit fund with a lady from 13.06.2010 to 13.12.2011. The contribution was done based on entries in a register that was being maintained in which the lady has signed receipts. The balance as on 01.01.2012 held with her was INR 71,500.00 (Rupees Seventy One Thousand Five Hundred Only).
She had promised to give my maid lump sum monies back as and when she required. However, when my maid went to ask for a sum of INR 71500.00 on 15.01.2012 you refused to give any amount to her stating that she did not have any money to pay. She has refused to refund the monies due to my maid despite her numerous requests to do the same over the last 22 months.
The total amount due to my maid as on 01.01.2012 was INR 71500.00 and the same along with interest accrued @ 6.0% per annum compounded annually becomes INR 80337.00. I need advice to issue a legal notice and how to proceed against the woman.
Asked in Civil Law from Bangalore, Karnataka
We can send legal notice to the person running the Chit Fund refusing to repay the chit amount. I also want to know if the chit fund business he is running is registered? We can also file police complaint claiming cheating by the chit fund operator.
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does your maid have copy of register wherein entries have been made and duly signed by lady . if maid has been cheated by lady she can file police complaint against her for cheating under section 420 of IPC .
please note that Chits Funds in India are regulated by the Chit Funds Act 1982 and other state regulations. As per law, chit funds cannot accept deposits and cannot offer any other financial products or services.
Your mail has two options either to issue legal notice or to approach police
with my experience I suggest to approach police
Your maid can indeed proceed to issue through her lawyer a legal notice to this lady to refund her money along with interest. The moot question which arises is, whether your maid has in her possession a copy of the register in which such entries were recorded under the signatures of this lady. If the answer to this question is in affirmative then your maid should right away proceed to set the legal recourse in motion.
She can file a case for recovery of money against her. Simultaneously she can also file a criminal case for cheating and breach of trust. The provisions of Chit Funds Act will also come into play. Your maid needs to act quickly lest this lady changes her location with the object of evading the process of law.
Going to police will be cheapest and best option for recovery by having psy clogical pressure.
Advocate, New Delhi
File a suit for recovery of money and seek attachment of property of the organizer immediately. Or else there will be delay and your maid cannot claim any amount from that lady.
you can seek for recovery of money. in your case, since, it is already more than 1 year from the date on which your maid is due, you have to decide at the earliest. you can give a legal notice demanding the said sum or even you can directly initiate action as per law against the person who was running the chit. but the drawback in your case is that the person who was running teh chit fund is not registered herself under the act. so it may be very difficult to succeed with your present version of facts. your facts needs to be twisted and presented in the court for any order