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Ashish Joshi   26 February 2025

Received amount erroneously

Respected All

 

I received my trading profit twice by erroneously by one of the online trading platform. I have withdrawn that money.

After somedays, that app people asking me to give that access profit amount to them else they will take legal action.

Does this have any ground that they can take any legal action?

 

Regards



 5 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     26 February 2025

Hi, Under Section 72 of the Indian Contract Act, 1872, if a person receives money by mistake or under coercion, they are obligated to return it. In your case, the online trading platform erroneously credited your account with double the trading profit, which you have withdrawn. Legally, retaining this excess amount constitutes unjust enrichment, and the platform has the right to reclaim the overpaid funds. Failure to return the money may result in legal action against you. It’s advisable to promptly return the excess amount to avoid potential legal complications.

Although, there are ways through which you can retain this money. Reach me out at adv.vishesh@icloud.com for further assistance.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 February 2025

1 Like

R.K Nanda (Advocate)     27 February 2025

Better return excess amount to them other wise they will file recovery suit against you in court.. don't be dishonest. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 February 2025

They cannot take any legal action for this excess payment because you are not involved in any fraudulent act in this connection.

You can think about returning the excess amount if they are politely requesting

1 Like

P. Venu (Advocate)     28 February 2025

There is a legal obligation that the unearned income be returned.


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