25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AMISHA (Financial Analyst)     20 July 2011

Money Lent to a Friend in Good Faith - No pay back

One of my friend took money 3 Lacs INR and promised me to return it back within 6 months, in Oct 2008. He had not return that money and also took another 50000.00 INR in Feb 2011 without my knowledge from my mother, residing in India. Now I do not have any written contract or any promise written and it was a help that was done verbally in good faith of relationship. After attempting so many times, I still haven't received a reply from him for returning money. I need to send him a Legal Notice now since, after making few attempts , he stopped replying it. Plus I need to charge him interest for all these years. Would you please direct me what can be done ?? and I do have a passbook entry for the 3 Lacs while that 50 K , he asked to deposit in cash in somebody else's account. We may have a copy of that deposit as well. Could you please direct me if you can help me in this matter ? if you are unable to handle this case then would you be kind enough to suggest me any good lawyer who can handle this ? Thank you so much for all your Help.

Amisha Naik



Learning

 7 Replies

Sandeep Aggarwal (Advocate)     20 July 2011

Dear amisha. You will have to prove that you have paid the money to your friend. If you have any proof then we can certainly get it back with interest but otherwise it is difficult to get it back. you just give more explanation about this. My mail address is,  advocatesandeepaggarwal@yahoo.com .  OR you can call me at 9041688967 and further tell me your place of transaction. Bye. Sandeep.

1 Like

himanshu harbola (Comp. Sec.)     20 July 2011

if you have forwarded the legal notice......follow these steps:

 

1. Summary Recovery Suit under Order 37 c.p.c

2. FIR having sections for cheating and criminal breach of trust...refer a good advocate for the same....

 

If in delhi can contact me...

1 Like

Solicitor Chirag Shah (Advocate & Solicitor)     20 July 2011

Amisha,

as stated by you that you have entry.. I assume it is the entry in your pass book stating clearance of amount in his account.

If this is so and you have notices you can proceed for summary suit for recovery of this 3 lakh with interest.

Pls let us know the reply given by him on your legal notices, as that will be his stand in case.

Also file criminal complaint for 3 lk and 50k let it be get investigated.

You can file complaint and can take order for investigation from metropolitant court in the matter.


Regards,

Chirag Shah.

1 Like

AMISHA (Financial Analyst)     20 July 2011

Thank  you All for your responses to my query.  This transaction was taken place in Surat , Gujarat and money was deposited in ICICI Bank , Account was from Ahmedabad. I need to send him a legal notice. I haven't sent any notices in legal formate yet. I have been calling him and e mailing him asking about money. Now, last week - he had reply that he will pay it back as soon as he has it. But, those kind of fake promises , he had made previously so many times. Even he had asked my mom's bank account one time , in order to make a deposit , which never took place. So, I do not trust his words now , since it will 3 years in next 2 months for that money given, which was promised to return within 6 months. Now, another thing I found out yesterday when I was calling his home again, that He had left country and went to USA. But, the family is still in Ahmedabad.  Can I still send him a legal notice ? And, what is the procedure to send a legal notice ?

Thank you again for all your replies. I greatly appreciate it.

Amisha Naik

Solicitor Chirag Shah (Advocate & Solicitor)     20 July 2011

Do it fast .. rememebr the limitation period is of 3 yr form date pf transaction or from your last demand.

It is suggested as there is no legal notice or any currospondence then it will be difficult to prove the limitation period. THATS WHY you are suggested to take early action before complition of 3 yr i.e. within 2 month to demand money by sending legal notice.

Regards,

Chirag shah. 

AMISHA (Financial Analyst)     20 July 2011

Could you please Help me how to send a legal notice ? or Do I need to hire a lawyer before proceeding ? Thanks

T.K.VENKATARAMAN (Advocate)     21 July 2011

It is better you send a legal notice through an Advocate. Find an Advocate near your residence now and send notice.Rest you can take afterwards.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query