Recovery of debts

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 .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?

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An NRI is seeking advice on recovering a substantial debt of Rs 1.5 Cr from their brother, who has failed to repay funds transferred between 2016 and 2018 and subsequently issued a defunct cheque. Despite a legal notice being issued, the brother has not responded, and the NRI is now facing a significant court fee for a civil suit. The discussion highlights the difficulties of recovering money lent to family and friends, especially when documentation is lacking, and questions whether the court fee can be avoided.

P. Venu (Expert) 19 October 2020
Court fee varies from State to State. If a civil case, court fee cannot be avoided. You had the option to proceed under Cheque-bounce provision (NI 138). But it is hopelessly time-barred and impossible.

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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