Upgrad LLM

money refund from friends


Hello Experts,

I need your help to understand what I can do in below cases. I have transffered amount to my friend  ( he & she) for some emergency. But my friend is refusing to return it. So I have two below scenario.

1. I have transffered all the amount in part via IMPS & I have all the statments. ( he)

2. iPhone was purchased on EMI basis on my card as my card was having 0 % EMI, As per mutual understaing she was supposed to pay the EMI every month. But from first month itself she reufused to pay the EMI & started saying do whatever you want to do, I will not pay EMI not return the iPhone as it got damaged. Then within two months I have cleared the payments. I have credit card statments for all transactions.

Can you please help me how I can get my money back?

Thanks you for your help.

Nandkishor H Devlekar

 
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Advocate

There is absolutely no chance of you recovering any money from anybody.  It is your foolishness.  At least in future try to be careful.


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Thank you for your response. So there is no way to go legally to recover the bank transfer money right ?

 
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I think you have met this woman on Internet and became close. If it such case lodge a cheating case on woman.

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Thank you for your response, but she is my collegue. But she has left the job and working another place now. 

 
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You can file cheating case against woman even if she is collegue. If have any whatsapp conversation or email chatting then it may be helpful for lodging complaint.

 
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Dy Director

if someone has taken a loan and not refunding then prima-facie no cheating case is made out.

 
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Dy Director

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:-

 

  1. Who lacks business sense 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 (friend 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 debtor
  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.
  4. During cordial relations

 

Soon after giving such loan :-

 

  1. Relations are no more remain cordial
  2. Business started by such money  (easy money belonging to other) invariably fails.
  3. Such loans always sink and not refunded.
  4. Person seeking such refund suffers at legal process.
  5. Person seeking such refund legally or by persualtion is socially criticised.

 

 

 
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