Harassment from ex-fiance

Manasi Desai (Querist) 04 May 2012 This query is : Resolved
My fiancee gave me some money about 2 years ago, as a gift towards down payment of my new car. I had wanted to repay him, but he insisted it was not necessary.

A few months later, we developed differences and parted ways. He then called me and asked me to return the money he gave me. In good faith, I said I would as I have no intention of keeping his money. However, circumstances like my mothers tumors and hospitalisation deployed all my savings, and although I still intend to pay him back, I do not have the finances available rightaway. He has been calling and texting all the time and I have always responded that I would return the money, I am not a crook.

I have been trying to apply for various loans etc, but my eligibility is exhausted and my applications were declined. I have explained all these circumstances to him, however he has gotten nasty and calls and texts me at odd hours in the night now asking for the money.

On text messaging itself, I had replied I will give him the money he gave me, even though there was no written paperwork to support it.

My question is, do I have actionable reason for unnecessary harassment? The money was supposed to be a gift, and in trying to be honest and agreeing verbally that I will return it, he is harassing me instead of appreciating the situation, and giving me time to reapply for loans and arrange cash. What are my options?

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Devajyoti Barman (Expert) 04 May 2012
Your fiancee helped you at the time of need.
Now when needs money you term this ;harassment'.
Do not forget you are the borrower.
The defence of gift would not stand in the court of law.

Be courteous and take effort to pay him back.

ajay sethi (Expert) 04 May 2012
sell the car and repay the loan .

K.K.Ganguly (Expert) 04 May 2012
Legally you are to pay back the loan which you have already agreed to pay. The repayment can not be indefinitely delayed. A lender will definitely pursue for the return of the loaned amount which the Court may not see as harassment.

It will be best for you if his loan is repayed at the earliest or atleast a settlement is arrived at by & between you two regarding the time period to be taken by you for repayment of the said loan.

Shashikant V. Patil (Expert) 04 May 2012
Experts rightly advised.

SAINATH DEVALLA (Expert) 04 May 2012
Manasi,
In addition to the experts advice,Whatever may be your financial problems,he has lent you for the pruchase of a specific movable asset.Once you have parted ways,all these things come into picture.You make an arrangement with him and pay the money in instalments.I presume he will agree.Don't drag the issue beyond control.

Manasi Desai (Querist) 04 May 2012
Thank you, I contacted him and asked if he would agree with an instalment plan, and requested that he stop calling and messaging at wee hours. He has agreed and we worked out a payment plan for the next year.

SAINATH DEVALLA (Expert) 04 May 2012
So congrats,your problem stands settled,at least for one year.Within 24hrs of your query you got the solution.Goodluck.

PARTHA P BORBORA (Expert) 05 May 2012
if he demand money after execution of the agreement it is a harassment And you can file F I R at the nearest police station. moreover, you may be a borrower but no person has a right to demand for repayment continuous ly as told by u, it is 100% mental torture. Because it is a civil dispute. A Borrower can not be harassed ant subjected to mental torture only on the ground that someone borrowd you some money. He has a right to demand for repayment, but by maintaining decency and with respect. Being the part of human race You have every right to live with dignity, even thought you are a borrower. There remedies available in our judicial system to recover a loan. But if anybody presurise and harnessing you by continuous and undignified way, you have every right to demand the State for protection, specially you when you are ready to repay the loan.

PARTHA P BORBORA (Expert) 05 May 2012
In my opinion, it is a harassment And you can file F I R at the nearest police station. you may be a borrower but no person has a right to demand for repayment continuous ly as told by u, it is 100% mental torture. Because it is a civil dispute. A Borrower can not be harassed ant subjected to mental torture only on the ground that someone borrowd you some money. He has a right to demand for repayment, but by maintaining decency and with respect. Being the p

Adv. Chandrasekhar (Expert) 05 May 2012
Dear enquirer,

I am happy your problem solved. Otherwise, I go along with the advice of Sh. Patha P. Borbora. It is harassment and you have legal relief.