Recovery of money
Querist :
Anonymous
(Querist) 03 May 2023
This query is : Resolved
Respected experts,
I work at a hardware shop and had given goods worth Rs. 75,000 to a contractor on my guarantee. He returned Rs. 50,000, but he has not returned the remaining Rs. 25,000. Should I file a complaint with the police or file a civil case in court? The amount in question is relatively small, so I would appreciate your suggestions on the best way to recover the remaining amount. Thank you.
kavksatyanarayana
(Expert) 03 May 2023
Send him a legal notice and then file a complaint to the police station. Then file a money suit.
Dr J C Vashista
(Expert) 04 May 2023
Police has no role / authority / jurisdiction on the subject matter.
Civil suit may cost more than amount due.
Reconsider proposal(s) if you did not get positive response of legal notice, as advised by experts, which I endorse.
Advocate Bhartesh goyal
(Expert) 04 May 2023
Yes,issue legal notice to him and if notice is not complied with then you have no option but to file money recovery suit against him.
Querist :
Anonymous
(Querist) 04 May 2023
actually i only have his name and phone number i don't. have his address to send a legal notice.
T. Kalaiselvan, Advocate
(Expert) 04 May 2023
The police will not entertain any complaint because he has not cheated, if the intention was to cheat then he would not have paid the major amount.
You can issue a legal notice to demanding the due amount.
If you do not know his address, you can send a whatsapp message containing the contents of the legal notice.
Dr J C Vashista
(Expert) 05 May 2023
No one can help to trace address of the contractor, you will have to find it, if you are serious for recovery of your money.
P. Venu
(Expert) 05 May 2023
You can as well take up the issue through the Adalat functioning under the Taluka/District Legal Service Authority.
Sudhir Kumar, Advocate
(Expert) 10 May 2023
If you have given a guarantee for a person whose address you do not know then it is your charity
deposit Rs 26,000/- and learn lesson of life.
Querist :
Anonymous
(Querist) 10 May 2023
no need of your expertise than Mr.Sudhir Kumar.
Dr J C Vashista
(Expert) 11 May 2023
@ Mr./ Ms. Anonymous,
You may appreciate this is a public platform where legal experts are obliging needy litigants.
As you have stated you are not aware about where about /address of the contractor, where would you serve notice / summons, if you want to proceed in the Court. Consequently you have the only option to forgive and forget remaining unpaid amount of Rs. 25,000/-, isn't it ?
I fully agree with the obligation of senior expert Mr. Sudhir Kumar ji.
It is advised to avoid use of such language for the obligation of a senior legal expert.
However, if you are not satisfied with obligation of expert(s) which is FREE OF COST, it is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
