Money recovery

DR SURESHA G (Querist) 18 October 2020 This query is : Resolved
Dear Professionals

I have paid Rs 87 Lakhs to my Brother from 2016 to February 2018. I am a NRI and all the money was paid through the bank transfer and cheques .I have bank statement ,my e mail advises to the bank to transfer money to his account , and the passbook entries .
Since August 2018 he is not in good terms with me. He gave me a cheque of State Bank of Mysore and the same was no more operational since 1.7.2018. He intentionally cheated me . He is a notorious criminal .Now i have to file a suit against him and the amount is Rs 1.5 Cr which includes interest @ 18% p. a . My lawyer issued a notice in Nov 2019 for which he did not responded . Now my lawyer is asking me to pay the Court fee of Rs 286000/- .
Can anybody advise me of future consequences? Is there any chance to get rid of court fee? And how long it will take to get my money back ?

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An NRI is seeking advice on recovering a substantial sum of money, approximately Rs 1.5 Cr including interest, from their brother. The funds were transferred via bank between 2016 and 2018, with evidence including bank statements and emails. A legal notice was issued in November 2019 with no response, and the lawyer is now requesting a significant court fee. The individual is concerned about future consequences, the possibility of avoiding the court fee, and the expected duration of the recovery process.

Rajendra K Goyal (Expert) 19 October 2020
Repeated query:
https://www.lawyersclubindia.com/experts/money-recovery--723336.asp
https://www.lawyersclubindia.com/experts/recovery-of-debts-723331.asp
https://www.lawyersclubindia.com/experts/recovery-of-debts-723341.asp

Sudhir Kumar, Advocate (Expert) 19 October 2020
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:-

Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

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.

Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
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 (fiend or relative)

Such loans are given by the persons :-

Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.

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