I have given 1 lac to a colleague and he is not returning
Guest
(Querist) 07 August 2013
This query is : Resolved
HI MY NAME IS ARVIND I AMM WORKING IN A MNC IN NOIDA FEW DAYS BACK A GIRL JOIN IN MY COMPANY AND WE BECAME GOOD FRIENDS ,SHE Was terminated MD as she was not a gud at work.I was in touch with her as she became a gud friend of mine .Her mother died last year in 2012 and she is not having a good relation with her father so it was not possible for her to go back home. SO SHE BORROWED MONEY FROM ME 1.2 Lac in last 7 months by saying that one day she will return it when she will do the job.But when i asked her to gave me bu august 2013 as i was in need she ignored it then i gave a call to her father by telling him all the truth.Her father switched off the cell and the girl too .Now both girl and father are not reachable .I have all the transaction details of money transfer from my account to her account by net banking.
PLEASE GUIDE WHAT TO DO I AM IN A TROUBLE.
M.Sheik Mohammed Ali
(Expert) 07 August 2013
if you have any agreement or pro note, than file a case, and before send her last stayed house address for legal notice.
Guest
(Querist) 07 August 2013
I DONT HAVE ANY AGREEMENT IT WAS ALL ON TRUST SO IN THIS CASE WHAT CAN I DO
prabhakar singh
(Expert) 07 August 2013
You can file a suit for recovery but how can you execute decree when she is bankrupt.
Guest
(Querist) 07 August 2013
sir what does bankrupt means here
Guest
(Querist) 07 August 2013
under which act of india penel court this act will be registered
prabhakar singh
(Expert) 07 August 2013
Bankrupt means person with no sources to meet his/her liabilities.
The transaction is of civil nature and no criminal charges can be blamed.
Rajendra K Goyal
(Expert) 07 August 2013
The proof that the money was given to her is the electronic transfer of money. Whether any request from her exist or any acknowledgement is there.
Apart from all these for getting decree You have to pay ad volerm court fee + lawyers fee (Total min. 15000/-) + time aprox 2-3 years. You can not execute decree, if obtained after this exercise, as she is not in a position to pay.
Either, forget the amount straightway or proceed legally, you will not get any thing in both the ways in given conditions.
Guest
(Expert) 07 August 2013
Humble pursuit will be the best course of action for the time being, as electronic transfer of money does not necessarily denote loan/ debt liability unless you have exchanged correspondence with her to repay the money and would have received any reply admitting her to pay the money. So, at first send her two/ three written requests by speed post or registered post and wait for reply before you serve her with a legal notice, if you really want to adopt the legal recorse.
