RamaKrishna (none) 13 November 2014

In which court can i file this case

My uncle borrowed an amount of Rs.1,50,000/- from me on May 2013. The only proof that I have are my Bank account statements that indicate myself transferring this amount to my uncles bank account via an online Netbanking NEFT transfer.

I live in Visakhapatnam, Andhra Pradesh and my Uncle who borrowed the money from me lives in Erode, Tamilnadu. My grandmother who is the witness lives in visakhapatnam too.

My uncle owns a plot of land in Visakhapatnam, but his house where he currently resides is in Erode Tamilnadu.

For filing the case, can I approach the Court of Law in Visakhapatnam (andhra pradesh) where I live or should I have to approach the Court of Law in Erode (tamilnadu) where my uncle lives. Matter of fact I live in Visakhapatnam and I transferred the amount to my uncle who lives in Erode, Tamilnadu via an Online / Netbanking NEFT transaction method, none the less the transaction took place in visakhapatnam. The address mentioned on my bank account statement is my house address at visakhapatnam.

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4 Replies

Gundlapallis (Advocate) 13 November 2014

Visakapatnam has jurisdiction. You can file the case from your place.

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SAANJAAY GUPTAA (Advocate) 13 November 2014

obviously from Vishakhapatnam. the best jurisdiction. but firstly you send a demand notice by speed post with a/d..

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RamaKrishna (none) 15 November 2014

Dear Sanjay Gupta

Thank you very much for the valuable information shared.

Can I write the Demand Notice myself or is it mandatory to get the Demand Notice written by a Lawyer. I wish to represent my case in the court of law myself without a lawyer (My main goal is not to win the case, My main goal is to bring my uncle to visakhapatnam from Erode all the way to attend the court case and it's hearings again and again, I wish to trouble him back for the troubles that my uncle gave me by borrowing my money and challenging me saying that he shall not repay).

If I lose the Case by any means, do I have to pay my uncle for the expenses that he incurs to attend the court cases, court fees and lawyer fees etc.

Usually for how many years would a court case such as this would go on until it's settled. And how often the hearings would be.

RamaKrishna (none) 15 November 2014

Dear Sanjay Gupta

I lent the money to my uncle in May 2013, Is there a time limit for sending the demand notice?

Within which duration can I send the demand notice and in the demand notice, what is the duration am I to mention, within which the other party has to fulfill my demands.

Is there any timelines fixed by the Law/Court in this regard.