Money not returned
prakash
(Querist) 25 August 2014
This query is : Resolved
dear sir my father is a senior most retdd govt official and now a senior citizen. he planned to buy a large land with his entire retirement amount amounting to 70 lakh with gratuity EL anf GPF amount.he gave 50 lakh to the broker for the same and the broker used 15 lakh from the amount for his personnel needs. finally we had to pay to the owner of the land the 15lakh amount which the broker had used for his personnel needs. we paid directly to the owner 15lakh and enterned into an agreement with the broker to recieve the 15lakh. the broker has given in writing the amount recieved by him i.e 15 lakh and also the loan agreement to return the same after six months.since the time frame has passed now the broker is running away hiding changing sim card and hard to find him in his house. always running. please help what to do to recover the same from him . Since because of the shock of the same my father has gone into depression. please help
Sudhir Kumar, Advocate 
(Expert) 25 August 2014
you gave many details but not the date of agreement.
whenther the paper given in writing by broker is duly stamped
prakash
(Querist) 27 August 2014
sir the date of agreement was signed on 3rd of JANUARY 2014 and the time frame mentioned for repayment was for six months which already ended. also agreement was signed on 50 rs stamp paper. both the money receipt and the loan agreementwas signed on 50 rs stamp paper. in the loan agreement he had to provide us three cheque but never did that. inspite of repeated request he never handed the cheque. after that he was always on run.
prakash
(Querist) 27 August 2014
sir the date of agreement was signed on 3rd of JANUARY 2014 and the time frame mentioned for repayment was for six months which already ended. also agreement was signed on 50 rs stamp paper. both the money receipt and the loan agreementwas signed on 50 rs stamp paper. in the loan agreement he had to provide us three cheque but never did that. inspite of repeated request he never handed the cheque. after that he was always on run.
Sudhir Kumar, Advocate
(Expert) 27 August 2014
you can file civil suit upto June 2017 and not thereafter.
He will not give you cheque or else he lands in criminal case u/s 1238 NI Act.
Anirudh
(Expert) 27 August 2014
The exact contents of the "Agreement" are material. Without knowing that, it is not possible to give a view.
