Re : cheating case

Nikunj (Querist) 18 February 2014 This query is : Resolved
Dear Sir, i have filed summary suit case in mumbai as one person is cheated me for Rs.10 lacs and doesnt not give us our money back.
from the court one person gone for deliverying the summons to that persons house but his wife refuse to take the delvery and states that he doesnot live here and doesnt not come here from last 6 months.
I had made inquired there is already 15 cases in going on in borivali court, mumbai.
and there is 10-15 cases register with Malavani Police station Malad, Can i file complain with E.O.W., kindly tel me what can i do to take my money back.
Thanks & Regards
Nikunj shah

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Devajyoti Barman (Expert) 18 February 2014
If his wife receives the summons then it will be good service. Alternatively you can apply for papaer publication as well.
Criminal case would not recover you money.

ajay sethi (Expert) 18 February 2014
if wife says her husband is not staying in said flat make an application for substituted service .

Rajendra K Goyal (Expert) 18 February 2014
Prey the court to get the summons served through substitute service.

V R SHROFF (Expert) 18 February 2014
As you know 15 more cases going on.
So he must be appearing before court.
ger summon ready " by hand" and apply to court to serve where he is present, Court Will allow it, and summon will be served upon him..

Guest (Expert) 18 February 2014
Could you please Explain if possible why and how and for what you got cheated please

Rajeev Kumar (Expert) 18 February 2014
As wife refuse to receive summon. The summon is presumed served. Apply the court baliff for the summon served then go for paper publication.

Dr J C Vashista (Expert) 19 February 2014
Refusal is proper service

T. Kalaiselvan, Advocate (Expert) 19 February 2014
Acceptance of summons by wife can be treated as service but her refusal to receive th summon cannot be treated as service. Next alternative is to serve the summons through substitute service only. A cheating case could have been given to the EOW Police before filing this civil suit, now it will be ineffective.

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