Money refund
Querist :
Anonymous
(Querist) 07 May 2023
This query is : Resolved
I have lent money ( Rs 3.5 Lakh) on two occasions to my lover on faith through bank transfer upon verbal promise to return. But my lover now refused to return lent money. I have approach to police, the police lodge FIR & send a report to court & reported that money was given to my lover as a gift.
How can I recover my money ? Please advise.
Advocate Bhartesh goyal
(Expert) 08 May 2023
Issue legal notice to your so called lover and demand entire amount with interest and if notice is not complied with then file suit for recovery of money against him.
T. Kalaiselvan, Advocate
(Expert) 08 May 2023
The police may register a criminal complaint from you but recovery of money is not possible.
Therefore you may better issue a legal demand notice and then proceed with money recovery suit
Sudhir Kumar, Advocate
(Expert) 08 May 2023
you cannot recover.
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:-
Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.
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.
Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
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 :-
Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debtor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
Without documentation.
Without witness
Without guarantor.
Business started by such money (easy money belonging to other) invariably fails.
Such loans always sink and not refunded.
Querist :
Anonymous
(Querist) 08 May 2023
Today nobody gives even a rupee without any consideration. Can anybody refused to return lent money by saying it was a gift?
Sudhir Kumar, Advocate
(Expert) 09 May 2023
you can sue the person on the basis of any loan agreement.
You have not disclosed
why the money was given?
what was the consideration?
what was the purpose of loan?
Querist :
Anonymous
(Querist) 09 May 2023
My lover has taken loan without any written agreement & upon verbal promise to return for purchase a shop.
K Rajasekharan
(Expert) 09 May 2023
Your chance to recover the money is quite remote.
When you give money, that too a good amount, you should specify that it is a loan amount and other specific conditions of loan, including the time when the amount is to be returned.
Even if there is a bank transaction it should not reveal the nature and purpose of your payment. Hence it is not possible for a prudent court to find out the truth when a written document is not in existence regarding the amount transfer.
When you cannot prima facie establish that the amount was transferred under a loan agreement somehow, it is possible for the judge not to admit your suit. A suit can be admitted only when there is a prima facie cause of action.
That you have transferred some amount to another person does not give you any right to get it back, unless you prove that it was under a loan which needs to be returned.
Indian courts are now clogged with such suits arising out of careless transactions of the parties.
Sudhir Kumar, Advocate
(Expert) 09 May 2023
He wanted to open shop. Why he could not raise bank loan?
your chances of refund are not only remote and rather nearing zero.
Querist :
Anonymous
(Querist) 09 May 2023
Is there any way ? One of my friend call me to file money suit.
