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poonam   14 November 2017

Recovery of money

One of our relative borrowed Rs 16 Lakhanpal from me for a week in October 2012 . Rs 3.5 through Che queen and rest in cash. Every time he do promise to return but he didn't . I have some SMS detail of conversation with me in which he agreed . Now I lodge a complain in the police station.Hehad been called by the IO. In front of police he aagreed to refund the money by march 2019 which in the writing and addressed to the SHO. My question is- if he. Does not return the money can I go to court. Through court can I get back my money. Written statement to SHO valid or not. Pl advise


Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 November 2017

Your case is comes under civil suits. Police do not have any powers on those issues. File a money recovery suit in civil courts. 

poonam   15 November 2017

If the borrower has given in writing after 5 yrs that he will refund the money. Then the time limit apply  if yes what s the time limit to recover the amount

thanks

poonam   15 November 2017

If the borrower has given in writing after 5 yrs that he will refund the money. Then the time limit apply  if yes what s the time limit to recover the amount

thanks

poonam   15 November 2017

If the borrower has given in writing after 5 yrs that he will refund the money. Then the time limit apply  if yes what s the time limit to recover the amount

thanks

gajender kumar gupts   15 November 2017

Poonam he is only making fool after two years he will only postpone it see some suitable Advocate or take any property as surity for payment

Sudhir Kumar, Advocate (Advocate)     16 November 2017

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

Such loan is taken by a person:-

 

  1. Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. Who has made fortification against action of refund.

 

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

 

Such loans are given by the persons :-

 

  1. Who has surplus money.
  2. Who displays and boasts of such surplus money.
  3. Who stupidly believe that there will be a refund.
  4. Fails to realise as to why he alone (not bank) is being contacted for loan.
  5. Who has extreme trust on the debtor
  6. who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.
  4. During cordial relations

 

Soon after giving such loan :-

 

  1. Relations are no more remain cordial
  2. Business started by such money  (easy money belonging to other) invariably fails.
  3. Such loans always sink and not refunded.
  4. Person seeking such refund suffers at legal process.
  5. Person seeking such refund legally or by persualtion is socially criticised.

 

 

Kumar Doab (FIN)     16 November 2017

The admission should help you.

Act in time.

Kumar Doab (FIN)     16 November 2017

Mr. Gajender has shared the prespective.

 


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