Friend deceived and cheated me worth 5 lakhs
Querist :
Anonymous
(Querist) 30 April 2018
This query is : Resolved
Dear team,
My friend had cheated me worth 5 lakh rupees which he had taken from me in different occasions in one year , He had promised me to pay later but never paid a single rupee till now, we din't written any promissory note or agreement as i thought he is my friend. He took the advantage of this and cheated me and when i said i will sue him in court he is saying that i don't have any proof though i had transferred some amount to his bank accounts and he is using his father influence as his father is a police constable, what to do please help me out...
Sudhir Kumar, Advocate
(Expert) 01 May 2018
his police constable father will not be able to do anything in civil suit particularly when you submit a written complaint against him to the SP.
by you are not getting money back. You will prove that you gave him mopney but how do you prove that it was a loan.
Sudhir Kumar, Advocate
(Expert) 01 May 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 criticized.
Azhagananth
(Expert) 01 May 2018
Just a Send a legal notice by a local civil side side practicing lawyer and sue her for recover of money suit on based on accounts [Bank statements].
P. Venu
(Expert) 01 May 2018
Yes, you can a legal notice. Also, please think out whether you can garner any other evidence.
Sudhir Kumar, Advocate
(Expert) 01 May 2018
You lost five lakhs.
You will spend one more lakh with no guarantee of getting money.
you have no proof that you gave loan to your friend.
Sudhir Kumar, Advocate
(Expert) 01 May 2018
Many new facts (hidden so far) will come out when you reply as to why you gave money at all.
Azhagananth
(Expert) 02 May 2018
"You have no proof that you gave to your friend"
What about "i had transferred some amount through his bank account"
- it may not be called as Direct loan, but there is possible of money Transactions. she is answerable to repay the same on demand. that Demand may be created by legal notice. if a Civil side expert takes the case, he will succeed
Sudhir Kumar, Advocate
(Expert) 06 May 2018
Why you gave the loan of such amount?
Under what compulsion/greed?
For what purpose?
Why you alone gave loan why not bank?
How much refund was promised?
When was refund agreed?
Guest
(Expert) 06 May 2018
Depends upon the mercy of your friend. You can't do anything in the absence of any valid evidence. Transfer of money in to bank account does not denote that the amount was transferred as a loan.
Azhagananth
(Expert) 07 May 2018
Oral evidence and cross examination..?
Purpose of transfer...?
Pre-suit notice to defendant/Borrower?
I doesn't mean as Recovery of money suit on Pro-note or loan .. i opt for Money suit on accounts and such account is Bank transaction..
Rest... Key to success..
Guest
(Expert) 07 May 2018
You can file a court case, if you want your money and friendship sealed forever. Not a fit case for court trial
Azhagananth
(Expert) 07 May 2018
already the Friendship had ended in vein, what left now..
