money lending

First, preserve and get a print out of all the messages and then try to find out the whereabouts of the foe turned friend either through his friends/relatives or using his cell no. through true caller app smartphones.  Then issue him a notice on WhatsApp through that different number mentioning your number and also inform him that as he is not responding calls and blocked the lender phone, notice is being served through some other's phone.  Wait for a response and file a case with these call data and test your luck.  You may or may not receive a favourable decision but you have to make efforts.  When all doors are closed, then only you have to apply your mind.

Most of our communication (commercial/professional or personal) these days is carried out in electronic form, either through email, whatsapp, BBM. A record of these chats/messages is called in legal parlance an ‘electronic record’. This electronic record may be required to be used in legal cases as evidence

Yes, the eletronnic records may be of help. Issue a legal notice and follow up with legal action, if necessary and so advised.

If you do not have any documentary evidence to prove the lending then you may use this whatsapp message by producing the screen shots using the provisions of section 65B of Indian evidence act.

You first send a legal demand notice, which if accepted by him then it will be a valid evidence for this lending.

After that you can file a money recovery suit to recover your money.

Absolutely NIL for the present.  First get the data preserved .  When you can see the opponent or know his addrress or telephone number then the issue on costs arise.  Here your enemy is absconding.  You have not informed your efforts in following guidance tips.  You have not informed the amount advanced and personal loss.  You can take a risk and spend a maximum of 5% of monies lent to recover that in case you can trace the absconder with some tricks.

Originally posted by : Himanshu Anand
	I lend some money in cash to a person. When I asked him(via WhatsApp) to return this money he keep giving me dates and now I got to know he left the place where he lives and not returning my calls or messages. How strong can I be in this scenario legally.

LEGALLY SPEAKING:
1. Since you have LOANED money in CASH (apprehensively on Interest), you have no legal rights left to recover your money in anyway whatsoever, EVEN IF you have any type of Whatsapp messages or Pronote or whatever.

2. You yourself have committed prosecutable offences under the state's Money Lending Act and the Income Tax Act and Money Laundering Act and other laws.

3. By virtue of point no. 1 & 2 (above), you DO NOT have any rights to file any Criminal or Civil proceedings against your Friend, who swindled you off your money.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

To my knowledge, fes, disconnected and isolated transactions would not make a person as one who is regularly in Money Lending business. What the Money Lending Acts ( There is no Central Act, States have enacted their own Law.) has restricted, without a licence, is professional money lending (i.e. the business of advancing and realising of loans or acceptance of deposits from the public).