The indian contract act

Suraj Kumar (Querist) 17 October 2022 This query is : Resolved
I was in a relationship. Out of good faith I learnt her RS 5 lakh on verbal promise to return. She refused to return my money.

Can I file a case under section 70 &72 of the Indian Contact Act ?

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If you've lent money based on a verbal agreement and the borrower refuses to repay, you may be able to take legal action under the Indian Contract Act. Having proof of the transaction, such as bank transfers, strengthens your case. It's advisable to first issue a legal notice demanding repayment, and if that fails, consider filing a recovery suit in civil court with the help of a local lawyer.

kavksatyanarayana (Expert) 17 October 2022
File recovery suit in court. Consult a local lawyer.

Dr J C Vashista (Expert) 18 October 2022
Did you pay the amount in cash or through bank ?
Was the amount given against some consideration / friendly loan or gift to her ?
What sort of agreement is being considered to attract provisions of section 70 of the Indian Contract Act, 1872 qua Obligation of person enjoying benefit of non-gratuitous act.
or
Section 72 of the Indian Contract Act, 1872 for liability of person to whom money is paid, or thing delivered, by mistake or under coercion, as stated by you ?
Prima facie it is a time pass query, isn't it ?

Advocate Bhartesh goyal (Expert) 18 October 2022
If you have any proof to lent money then you may file suit for recovery of money against her.

T. Kalaiselvan, Advocate (Expert) 18 October 2022
If the money was lent or passed for some consideration, you can recover the amount provided you have documentary evidences for having advanced the amount.
You first issue a legal notice to her demanding her to return the money she had borrowed and then get into legal suit for recovery if she acknowledges the receipt of your money

Sourav Das (Expert) 18 October 2022
Issue legal notice through advocate asking for refund along with interest and cost of legal notice.
Then register FIR against her for cheating. Also, file suit for recovery of money in civil court.

Suraj Kumar (Querist) 19 October 2022
Money was paid through bank NEFT.

Advocate Bhartesh goyal (Expert) 19 October 2022
Since you have proof to lent her money so issue legal notice to her and demand money with interest and if she does not comply with notice then file recovery suit against her.

R.K Nanda (Expert) 19 October 2022
you have to file recovery suit against her in civil court.

Dr J C Vashista (Expert) 20 October 2022
I agree with experts you have a good case for recovery of the amount, if it is within its limitation, through a local prudent lawyer.

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