Limitation in recovery suit-
Mohan
(Querist) 05 April 2013
This query is : Resolved
35 laks given to a builder as hand loan on trust in 2009 - no written loan agreement - over 3 yrs have passed - builder dilly-dallying - legal notice sent in jan 2011 -no reply. How do I recover? Is it limitation barred? Can Police help?
Experts pls help me -
PS: given by cheque only-
Raj Kumar Makkad
(Expert) 05 April 2013
Legally you cannot recover now in the name of loan as the limitation is 3 years from the date of last confirmation of the loan amount from the side of the builder.
I think you have no written confirmation of loan from the side of the builder.
Police can intervene only if you claim that the builder fradulantly lured you and obtained this huge amount from you in the name of his any scheme or house etc. and has no handed over to you even a single document as on and further that he is openly proclaiming that the complainant can do nothing against him etc. etc.
Mohan
(Querist) 05 April 2013
Sir:
Thanks! I have such confirmation, that too written, from the builder in apr 2012. What now?
Regards:
Raj Kumar Makkad
(Expert) 05 April 2013
The you can definitely go ahead as desired. First of all serve a legal notice to him demanding entire amount within a period of 15 days from the date of receipt of the notice failing which to face suit for recovery.
You are required to do home work on 3 fronts prior to initiation of any legal action:
1. To establish the legal source of your income at the time of so-called loan.
2. Proof of your friendly relationship in either of the documents.
3. You have not to demand any interest thereon as this was a freindly loan.
If you demand interest then it shall require Money Laundering License from you which I think you might not be holding.
Mohan
(Querist) 05 April 2013
Thank u Makkad Saab! Appreciate ur help-
I have gone to NCDRC FOR house issue. Have got IA A/g builder/land owners. But next date is 7 months away. CAN I APPLY FOR SPEEDY TRIAL IN VIEW ON MY HEALTH/FINANCIAL PROBLEMS?
Grateful if u will enlighten me?
Regards:
Raj Kumar Makkad
(Expert) 05 April 2013
The grounds you told can definitely be pleaded for the pre-ponement application.
If you have already initiated legal action in the discussed matter then why have you raised query by suppressing of that material aspect?
Mohan
(Querist) 05 April 2013
Sir:
Because the 35 laks is not within purview of sale agreement, as per my lawyers advise. However many annexures submitted to court has reference to 35
laks also. Are u suggesting amending NCDRC PETITION to include this 35 laks also? Can this be done now?
Regards:
Devajyoti Barman
(Expert) 05 April 2013
You were asking for limitation point whereas you now have disclosed that case is pending.
Disclose all your facts when come up with a query.
At this last stage no amendment would be allowed.
Concentrate in your case right now. Seeing the piling of so many cases , I do not see your case may be expedited,.
Raj Kumar Makkad
(Expert) 05 April 2013
Until and unless I go through your pleadings and so-called sale agreement (which you discussed now only for the first time), nothing definite opinion can be given whether to amend your pending petition or not.
Mohan
(Querist) 05 April 2013
Sir:
No case pending for this 35 lak imbroglio ! I have to start now-
Mohan
(Querist) 05 April 2013
Makkad Saab:
I would love u to review my case! Pls let us discuss-my future rests on the outcome of this case and hope it happens within my lifespan- otherwise he will get away with my hard earned money - and OTHRS in society will be at same risk from this fraudster-
Regards:
-mohankc at hotmail.com
Raj Kumar Makkad
(Expert) 05 April 2013
If you want to get it reviewed from my side then it shall be better to contact me personally rather on this public platform.
Mohan
(Querist) 05 April 2013
How do I do that, Sir?
Raj Kumar Makkad
(Expert) 05 April 2013
You may call me or may mail me on the contact details available on my profile.
R.K Nanda 
(Expert) 05 April 2013
file recovery suit in court asap.
prabhakar singh
(Expert) 05 April 2013
NCDRC does not have jurisdiction to go into
cases of debt realization,then thinking of amendment in petition before it would be of no use.
The amount 35 lakhs, you say, was given by cheque as hand loan on trust in 2009 without any written loan agreement .
Hand loans are given generally for very short period but you allowed to pass all 03
years of limitation.
But in reply to a query of Mr.Makkad where
he doubted you do not have any confirmation.
You have replied:'I have such confirmation, that too written, from the builder in apr 2012.'
One more fact is required.
What was the date on cheque of 35 lakhs advanced as hand loan?
What is the date as well as contents of this 'confirmation' made by builder in 2012.In law we call it Acknowledgement of debt which should be made by the debtor within 03 years from the date of debt advanced.
If things are so the limitation for suit would go enlarged up to april 2015.
Mohan
(Querist) 05 April 2013
NCDRC case is not for this 35 laks-
Since our building got stuck with corporation for OC, builder went on postponing. Only now his intentions r clear.
He has not ack. As Debt but he refers to the amnt as loan in reply to my legal notice-only inference can be drawn from this
Proof of transfer of Amt is available chq is dated mid 2009
prabhakar singh
(Expert) 05 April 2013
I have already understood that NCDRC case is not for those 35 lakhs-for which cheque was advanced that is why i opined you can not club this amount in NCDRC case,as they do not have jurisdiction for it.
Loan or debt are synonymous words.
Your answer to my questions are evasive and not clear.Better you draw the inference as you have an opportunity which i do not have.
If it is so painful for you to write dates asked then i do not know what made you to post any query here.
Mohan
(Querist) 05 April 2013
Sir:
I will check the date and let u know-it is a privilege to be taking to you all experts- Regards.
Mohan
(Querist) 06 April 2013
Namaskar Prabhakar ji:
Builder induced me to pay said 33.5 l as follows:
1
543352
4th March 2009
Rs. 10,00,000/-
Paid to his father
2
543353
4th March 2009
Rs. 1,00,000/-
Paid to his father
3
543354
4th March 2009
Rs. 11,00,000/-
Paid to His mother
4
543355
4th March 2009
Rs. 11,50,000/-
Paid to Builder himself
He said this would help him for tax purposes.
Said reply notice is Dtd 12-4-2012 and para suggestive of this 'confirmation' I am reproducing:
"My client is in receipt of notice Dtd 10.1.11 alleging that his parents have borrowed some loan and asking them to settle with interest. That claim of money lending has nothing to do with my client and hence he did not bother to reply..."
Hope I have given you non-evasive info! Will appreciate ur expert opinion. Pls feel free to ask me more questions
Regards:
Mohan
(Querist) 22 November 2013
In view of all above can my recovery suit be dismissed as limitation expired? PLS give ur esteemed views experts-
Mohan
(Querist) 07 May 2014
Update is only A1 has received summons whereas A2and A3 who are his parents have absconded to US
How do I deport them back to India to stand this trial. I have their passport details but not their US address.
Also I have filed a criminal case a/g all three of them -
Experts PLS help with your expert opinions
