(Guest)

A man not return my loan money

i have some dobt and want help...

actually one yr ago, my friend`s uncle borrowed money of Rs.130600 from me for his personal use or investment purpose.

I DEPOSITED CASH in his SBI and HDFC BANK accounts within 10 days in 6 installments.

He promiced me to return my money within 3-4 months but he was deposited only Rs. 5000 two times in my ant`s SBI account from his SBI branch by cash and after that he started fooling me and now he is not receving my calls.

EVIDENCE OF PAYMENT :

[1]. I have all the bank deposit slips as well as his bank a/c statement mentioning my payment details.

[2]. I have our phone conversation record in which he is clearing that he is borrowing money and will return very soon.

[3]. my friend (who is related to that man) is ready to remark against him.

plz sir tell me that is i have sufficint proofs against him? what can i do to take my money back ?

is there any possibilities of legally recovery or not ?

Reply Follow

8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 June 2012

This is how you proceed :-

1. Serve him with a legal notice asking him to return.

2. In default thereto, file a civil suit for recovery on basis of aforesaid evidence.

Good Luck !

Sanyam Malhotra (Advocate) 17 June 2012

as above. file a suit for recovery

Ajit Singh Cheema (practising Advocate) 17 June 2012

Even at the cost of your displeasure let me say you are having a very weak case . The amount is deposited in anothers account only when the amount is due from you.

If you are lending the money ,you must have either a post dated cheque or promissory note or an agreement depicting terms for return of amount being advanced. Your plea further weakens when you are advancing the money not to your friend but to the uncle of your friend. Serving of legal notice and filing of suit is one thing ,proving it and getting the decree another .The chances of recovery through suit are definitely poor .Please note you have voluntarily/ suo motto deposited the amount in the account of your friends uncle and not under an agreement of loan .Please be careful while dealing in money. Instead of using legal remedies social pressure through your friend may be preffered.

kamal (Advocate) 18 June 2012

Send a notice through an advocate or personally and file a suit for recovery.

All the best.

(Guest)

yes sir ... you r right. i am making very big mistake due to deficiency of proper knowledge.

by d way thank you so much for your valuable suggestion. I will trying all the way for recovery.

Sir plz tell me that if i lend money to anyone by cheque (non-crossed payable to his name) and he gives his signature and his thumb impression behind cheque. then is it have sufficient proof of lend or not?? if not then plz suggest what care should taken for safe and legal lend proofs.

Ajit Singh Cheema (practising Advocate) 19 June 2012

No its not a proof of raising loan .The payment of a cheque in favour of a third person duly signed by him at the back of it acknowledging payment, is not a proof that he has raised a loan.However there is presumption that the cheque has been issued for a valid consideration,Which may be a payment due.

Raising of friendly loan may be proved by the following facts.

1Issuing of a post dated cheque duly filled in .

2 Issuing a promissory note.

3 A simple loan agreement for friendly loan, giving there in terms of repayment and mention of post dated cheque issued.