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How to file recovery suit


31-May-2023 (In Cheque Bounce Law)
My uncle sold his flat through a broker. Broker gave him post dated cheques of 50 lacs. Cheques were in the name of his proprietery firm. Unfortunately broker died of heart attack and firm's account is dead now. His family denied to give back the money. How to recover the money now?
Answers (6)

Answer #1
865 votes
Taking into consideration the above mention facts and your query therein ,

In a first a civil recovery suit may not be filed against the broker.As this was a transaction was a business deal .
However the a legal course of action can be ascertained after knowing further facts.

Best Regards.
Answer #2
999 votes
Dear
You are hereby advised to file a suit of recovery in the Civil Court where the cause of action had arisen or where yo reside permanently or for time being wherein you don't mention that the money was transferred on the pretext of meeting with a girl. This in the best interest of you rather you can mention that it was the money which he had taken as debt.
Answer #3
812 votes
Hi, firstly you have to send a legal notice to the person who had taken Rs. 23,000/- from you through any Counsel/Advocate thereafter you may contact to a lawyer of your Civil Court to file a suit for recovery of the said amount if the amount has not been withdrawn to you after sending the legal notice.

Thanking You..
Answer #4
908 votes
Yes we can file a recovery suit which will be summary in nature for expediting the matter. Another way is to file a case against the website in cyber Crime or local police station for sections of cheating and other relevant sections of I.T act
Answer #5
672 votes
You need to take this first step by complaining directly to the escalation team of the company, who has the power and the responsibility to resolve our grievances and ask them to reply quickly.

Then send a well drafted legal notice/letter explaining the details of your complaint along with the inconvenience caused to you and ask them to respond to your letter positively in two weeks or else you w would be forced to approach the consumer court and also launch a social media campaign about your complaint on Twitter asking them to solve the problem.

You need to draft a consumer complaint along with affidavit as per the prescribed format ( seek advocate assistance). You just need to sign the documents and submit them to the consumer court.
Answer #6
567 votes
If you have agreed to any terms of the website whereby you waive the right to go to court and agree to resolve the dispute through alternative dispute resolution, then you will have to approach such bench as provided in the agreement.

If no such agreement is agreed to or if no such clause exists, ou can file a complaint in the relevant consumer forum.

But take legal action asap.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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