I am from Chennai and I gave rupees 3,00,000 to one guy for a period of 3 yrs. We also wrote an agreement with 20 rupees stamp paper for 3 yrs and in the agreement it is wrote as 3% interest for each month [ 36% p.a ] will be given on 1st date of each month and will settle the full money to me within the end of 3yrs. But the problem is he did not pay me any interest for almost 10 moths now.When I asked him about it he is telling this is not a valid agreement as the interest rate allowed by Indian government is 2% for a month and if I ask more than that it is invalid. Now he is not even paying 1 rupee as interest and says he will not also pay 3,00,000 as it is not valid. More over he signed in only second paper where the sign of borrower is needed. I contacted a lawyer he said his sign is also needed in the first page as it is the stamp paper. Now can I take this case to civil court and can I get my money back atleast. First of all is it a valid agreement as I didnt get any of his documents or material for the 3,00,000 I gave him except that agreement. Please any lawyers clear my doubt
There is no check involved here. I withdrawn 3,40,000 from my bank A/C and the next day I gave him 3,00,000 and signed agreement. There were 2 witnesses who also signed in the agreement. More over this guy [the person who got money from me]signed for a surity in a finance company for one of the witness. That witness is with me and he will tell the truth in court. One more thing is he transferred 2000 rupees to my bank A/C from his bank internet banking after 2 months for the interest of that month and he mailed me the screenshot of that through mail and he also wrote as interest in the subject column of the mail. Is these proofs enough to win my case?
