amount need to recover

Ali (Querist) 09 September 2018 This query is : Resolved
Dear All,
I gv 2 lakhs rupees personal loan to my neighbor without any bond...I have only text message conversation as a proof of evidence.Unfortunately he got expired & his family members refuse to give my money...can I file police complaint at PS...if yes on whom I need to give complaint...what is the possible ways to recover my amount.
Please advise.
Ali

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Guest (Expert) 09 September 2018
Your description does not make any sense. A pertinent question arises, if he was your neighbor how the need of text messages could arise to take loan from you instead of personal requests?

However, you may show the text messages to some local lawyer to check whether any case become justified to be filed.

Sudhir Kumar, Advocate (Expert) 09 September 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 persuasion is socially criticised.

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Dr J C Vashista (Expert) 10 September 2018
Well analysed and advised by experts Mr. PS Dhingra and Mr. Sudhir Kumar, I fully agree and appreciate.
However, it would be better to forget such lending, considering it as a gift by /to a good neighbour.

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