Unreturned friend loan

I think its a tough case. Simple transfer of funds from your bank a/c to his bank a/c cannot be construed as a loan unless there are witnesses who can vouch for you. Because the amount may be anything--a gift, a repayment, a consideration for personal favour etc. which will be difficult for you to counter. Secondly,E-mails are not very definitive proofs unless he has sent  them from his residence or from a place which can be traced to him. E-mails sent from internet cafes and that too using a general email service provider like gmail cannot be so easily attributed to a specific  person in India atleast because anybody can impost any other person.

Hi Sanjay,

Thanks a lot for your reply. Its a pity that there are no witness for this, But regarding email, i'm quite sure that he sent this from his work place and he is using this email for several years. I realize that my chances are dim.

once again thanks

Dr.Fernandez,

Your entire case now rests on the irrefutable evidence that the e-mails were sent by him. The IP address of the computer is a valid proof. But you say  that he is using his work-place computer. That again becomes a public computer and not a personal IP address. So before you can file a case, you need the services of a Cyber  expert who can trace down the e-mails authentically to your friend. Thereafter, your case can be prepared. But I think, in India,its quite a momentous task. But thats the only way left,IMHO.

Alternatively, you can use your personal channels through your common friends, if any or his relatives/friends, if you know them, to put pressure on him to repay your money. Sometimes, in such cases, social pressures work much better than legal remedies.

Dr.Fernandez, Its a normal trend in not only in India but worldover for giving a frindly loan and thereafter requesting friend to give back your own money. Thankfully the amount is not that big but still it matters. As opined by other friends, the general mail ids can not be challenged. However i have following submssion - 1. If any of mail sent by his office id regarding request for loan or confirming /false promise to repay , this is an important evidnce as in any work place, an exclusive id is given to specific person where he is employed. 2. If he has chatted over other mail, it is difficult to prove however you can find from that mail id if this guy is on face book or similar. You can also join the face book and start talking to him over there regarding recovery to build a social pressure.       

Thanks jai and sanjay. That is is personal gmail id and whenever i send a mail an autoreply acknowledging the receipt which his designation and name, thats all. I'm working on the social pressure factor, but since i'm far away from home, its difficult to get it going...