cpc

Friend not returning money

This query is : Resolved 
 


Querist : Anonymous (Querist)
14 December 2019

The name of person is Parmeet singh son of Tek singh run a restaurant known as "KAKE DA HOTEL" front of Jodhpur Railway Station . Probably I had known him for almost 3 years. This started when he has borrowed money 1 year ago the and due to crisis he was not able to pay me that amount. The amount which i had given to him i had taken from somewhere where i have to pay 3 percent monthly interest his family neither given me interest money neither the amount they just promised that they will give when situation will good (that thing never happen when situation became good). Although at that time i don't want to break the friendship and understanding the situation somehow i managed to pay the bills.  Although i go each and everyday to his shop to ask for my payment but everyday he and his father give me lame excuses and false dates to return money. After 6 months when somethings get slightly better her mother had face Dengue and restaurant was running moderate he had taken money from bhuwa and me to help his mother treatment. after some has forced them to return money ASAP so he again beg me for money and cry for the big amount. For one month he had done this after that  i feel very bad for him so i had given huge amount of money from somewhere at that money we settle old dues. Whatever money i had given him there was no personal benefit or no personal interest i charge him, that's what friends do. Eventually her mother gets better after time and restaurant was running good approx. Daily earning was 7000 to 8000. The promises which he and his father make they even don't full fill single promise of returning the money. Everyday i go to there shop they always give lame excuses and false promises. The money which i had given him till date they had not returned even a single penny and i was forced to pay every amount which i had given to him whom i taken the money. Worst part was that his  family enjoying there life and i was the only person who was suffering to hell to pay the dues i have to started part time jobs to pay the dues.

   So finally i decided to take legal actions against them so i had call them i said i will go to court if you don't return money but they doesn't taken seriously after few more warnings i had sent them legal notice and ask them for settlement but they clearly refused to give a single penny and clearly said if court pays your money than take it from there i will not return any money from myside. Luckily all the transactions were happened online so i have proper track record of all the amount. Even have sufficient proof call recording and WhatsApp messages and several more.

     After sending Notice i had run everywhere to tell everyone who was common or know them to tell thier Reality. The thing which astonished me that i was not only one who has fool me by showing there sad story even they had not return money to  close relatives from several years and i found dozen of friends till date they have not returned  thier money. One owner of cafe told me he has pending bill of 13000.He go with girls to party there and never had pay there  bills. After few months he stopped his party.

     Before filling a case my mom last time to talk his father to do settlement he clearly refuses and talk with so attitude that something i had done wrong (probably yes by helping them in their bad times) that man speaken to my mom and clearly says court se nikalwa lene paise hum nahi denge. After filling a case i get to know that he had dozens of case pending against him he just fool the system and know every court procedure and how to take advantage of it. 


Sudhir Kumar (Expert)
14 December 2019

रखना बजुर्गों का यह कौल सीख पहले दे उधार फिर मांग भीख you should be happy that you helped him in crisis. He does not want this happiness.


Sudhir Kumar (Expert)
14 December 2019

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.

sankar narayanan (Expert)
14 December 2019

Try to settle the issues amicably

Raj Kumar Makkad (Expert)
14 December 2019

Why to make you more demorlized. Sudhir has already dealt your query/story in details so nothing to add more.

Dr J C Vashista (Expert)
25 December 2019

I endorse the expert advise of Mr. Sudhir Kumar.


Querist : Anonymous (Querist)
25 December 2019

Although case is filed in court summon have been sent on his address but he was not at home so summon returned. i have check and all the money were given online but i don't have promisory notice. Lawyers nowadays don't explain clients everything so it create lot more confusion.

T. Kalaiselvan, Advocate (Expert)
31 December 2019

Until you discuss in detail about the recovery process with your advocate you will not be able to get the idea nor yo will be able to instruct the advocate properly about the details of loan and the evidences in your possession.
As you aid that yo have filed a money recovery suit in court, you may follow it up properly and try to get an exparte decree for executing the same at a later date when he is not restoring the case or preferring an appeal against the exparte judgment against him.



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