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jknksk143   01 December 2024

Bank loan cheating by close family friend

Dear Sir,

My Cousin brother from Andhra Pradesh gave INR. 2.50 Lakhs to his known family friend because that family friend told him that they will arrange INR. 20  Lakhs loan from a Nationalised Bank through a Bank Manager who is their relative without taking any documents from him. But my cousin brother paid INR. 2.5 Lakhs by borrowing from his colleague working together in the office. 

So, to create trust and good will they produced their own land documents with the signature. 

Unfortunately,  for the past 3 years there is no loan process or arrangement of loan from them. 

When he asked about the loan amount,  there is no proper response from them and not giving him back the money. 

Instead they have shifted their house and avoided meeting him. 

They have cheated him. Till now, my cousin brother is paying the borrowed loan amount interest INR. 3.30 Lakhs. My cousin brother is suffering lot.

Please kindly request you to advise us on this issue. 



Learning

 7 Replies

Dr. J C Vashista (Advocate )     01 December 2024

Whether the amount of Rs. 2.5 lakh was transferred / paid through bank or cash. ?? 

Any receipt / acknowledgement has been issued by borrower ?

T. Kalaiselvan, Advocate (Advocate)     01 December 2024

On the basis of documentary evidences he can lodge a criminal complaint against the friend with local police for the act of cheating. 

He cannot recover money through money suit as it is barred by limitation. 

jknksk143   02 December 2024

Sir, Thank you very much for your kind response.  How come he cannot recover the money by money suit. Please kindly clarify it and also Could u please clarify the meaning of barred by limitation. I couldn't understand. Looking forward to your valuable advice.  Best Regards. 

T. Kalaiselvan, Advocate (Advocate)     02 December 2024

The time limit for recovering he loan amount is three years only and any claim made beyond that period is barred by limitation, however he can lodge a criminal complaint based on the documentary evidence in his posession.

You may consult a local lawyer and proceed as suggested 

jknksk143   02 December 2024

Sir,,Thank you very much for your kind clarifications.  God bless you and your family 

P. Venu (Advocate)     03 December 2024

Taking into consideration exclusion of corona period ( 15/03/2020 to 28/02/2022) from the period of limitation, civil action may not be barred by limitation.

However, admittedly, money has been advanced for an venture which cannot be said to be lawful. As such, in my understanding, you caanot seek any remedy from a Court of Law.

Sudhir Kumar, Advocate (Advocate)     04 December 2024

You he tried to paint that your cousin is not at all guilty.

 

Given facts indicate:-

  1. His proposal or financial sanding did not show him to be credible enough or his project to be viable enough to be given loan. [if his project as not  hanky panky he could have walked into any nationalized  bank and got loan]
  2. He wanted a loan back door.
  3. He was confident that each manager of a nationalized bank is corrupt.
  4. He was dumb enough as he never knew that managers of nationalized banks are no more sole authority for giving loan.
  5. He struck a deal with someone to act as conduit of bribe.
  6. Your cousin is finding hard even to meet the loan of Rs 2.5 lakhs so was not able to afford loan of Rs 20 lakhs but still wanted loan.

 

He got no loan by unfair means.

In the first place there is no valid contract for a legitimate purposes even then recovery would not have been possible even within three year.

Now even the limitation to sue is also gone

You have also indicated that you are now not able to provide correct address of the person to Court so it is clear you will not be able to sue him.

 


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