Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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kshriram (owner)     24 August 2013

Money given for interest is not given

Hi Lawyers,

I have give 10 Lakh rupees to a relative and I transfered thorugh Online Banking NTFS only. No physical cheque is given to him. Now he seems to be in deep trouble and unable to return my money. For 1 year he paid interest. 

We came to know he is planning for IP. I don't have any promisary note or blank/post dated chequest. I just had a proof that I transfered thorugh online bank and I have PDF statements. He got some property with his 3 elder brothers. 

Is there a way that I can file anything in court? How much will be fee to file against this person on my 10 Lakhs.


Please advise.





 2 Replies

Advocate Vishnu (Advocate)     24 August 2013

Do you have any acknowledgement e -mail where he acknowledges to pay your money back...?

Sudhir Kumar, Advocate (Advocate)     15 November 2019

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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