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Recovering debt

(Querist) 28 January 2018 This query is : Resolved 
I have given some money to one of my friends one year back. He is now in Dubai. Whenever I ask money he give some excuses. Now he do not respond, he blocked me in whatsapp. I have transferred amount to his bank account and I have his confirmation on receiving money. Please let me know whether I can file a case in a police station or court? Please advice
Vijay Raj Mahajan (Expert) 28 January 2018
This is civil case for recovery of money that should be filled in civil court.
R.Ramachandran (Expert) 29 January 2018
Unless you have a legally enforceable Promissory Note signed by him, it will be very difficult to recover the money from him. Your transferring the amount to him through bank, or his confirmation of receiving money alone will not be of any help.

Already answered in Forum Section at: http://www.lawyersclubindia.com/forum/Recovering-debt-159022.asp
Sudhir Kumar, Advocate (Expert) 29 January 2018
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii) who cannot raise bank loan because :-

Either
he himself is not creditworthy

Or
the purpose for which he seeks loan is illegal

or
the purpose for which he seeks loan is not at all commercially viable.

(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations

Soon after giving such loan :-

(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persualtion is socially criticised.


R.K Nanda (Expert) 29 January 2018
you can file recovery suit in civil court against ur friend.
Rajesh Joseph (Querist) 30 January 2018
Mr. Sudhir, i do not really understand what you are up to. Insane reply
Dr J C Vashista (Expert) 30 January 2018
@Rajesh Joseph,
What do you mean by your statement, "insane reply" as you have stated for an expert Mr. Sudhir Kumar? You have no authority to address the expert in such a stupid manner, I condemn it in strong ways.

Mr. Sudhir Kumar has given you FREE & FRANK opinion, which is reality in practical life, I fully agree with him.
Rajesh Joseph (Querist) 30 January 2018
Dr. Vashista, i know the reality, a i have asked an expert opinion in which I could recover my money. I did not see any expert opinion in his words, for this i do not have to come here. Most common man know this. I do not need any expert to say this. If you think this is a genuine reply to this issue, it's your problem, not mine. This is my question and I have full authority to rate an answer. I will call insane reply as insane and stupid reply as stupid. I fo not care. Yours is an argument and I do not entertain it. Thank you
Rajesh Joseph (Querist) 30 January 2018
Thank you all for your reply, some have understood the matter some not. All are coming here for opinion or solutions. Some think this is a place for general discussion.


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