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Bonhi (professional)     02 January 2012

Staying overseas want to take legal action against fr cheati

We had lended Rs 1 lakh ( intererst free) to a friend in good faith. The amount was deposited as cheque into the SBI account no given by the friend to us. The account belonged to his grandfather who is still alive.  We had given the amount almost 4 years ago.

1st year no amt was given back. We got back around 60,000 in small parts in next 2 years.

Then when we were in need of money due to personal reasons ( I was expecting twins & medically it was a bit challenging case due to twins) we started calling our friend requesting for money back to meet our medical expenses.

In return we got false commitments at first. Followed by Rude SMS mentioning we were being mean in asking money & we were doing it purposely to cause problem for them as 40 K is a very trivial amount for us.

Since last 1 year he did not pay back any money. he stopped picking our calls, no reply to our mails.

We then requested our father to call him as we were too much engaged due to medical reasons. He promised then also returning money but never paid.

Proofs that we have are:

1. SMS accepting he has to return back money stating the balance amount.

2. Messages in facebook  accepting he has to return back money stating the balance amount.

3. Mails in Yahoo accepting he has to return back money stating the balance amount.

4. We can also collect the bank details from bank.

Can we approach the case legally. The person stays in Bangalore & we stay in Singapore & hold Indian Passport to date. Our parents are in india. The amount was deposited in India durgapur branch by my father.

 

Please give your valueable advise



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 1 Replies

asendilvel (Consultant)     02 January 2012

money transcations on good faith verbally doesnot hold good when rift comes up

it needs to be documented for a better prospective and registered for legal battle

sms / face book - activities doesnot validate transactions

experts can advise


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