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Srini   18 December 2016

Cheated for money by friend

I have been cheated by a close friend of mine who used to pay me intrest for money I lend to him. Rs 7500 / mo for every 1 Lac. This started in Aug 2015 and he kept paying promptly till Oct 16. I don't have any agreement only trust. So only the bank transfers from my HDFC to his account is there. Also what'sapp messages. Amount lent is 35 Lacs till now. He stopped all responses to me ph / what'sapp etc What are my options? How can I recover my money?


 1 Replies

Sudhir Kumar, Advocate (Advocate)     18 December 2016

Money given to friends and relatives (of self/spouse) 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:-

 

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

 

  1. 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.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. 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 :-

 

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

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. 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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