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Not paying back the money even after agreeing to do so
17-Jan-2023 (In Recovery Law)
One of my friends friend cheated me on pretext of providing a flat in Mumbai. I have paid him a good amount of money. But recently came to know that they are fraud & cheat people this way. I have transferred the money through bank only to their account & have all the records. I have recorded all the calls also where they accept receipt of money and providing a flat. Now they have relocated some unknown place to avoid other people, but available on mobile. When I told them of a legal action they were ready to give my money back, but are constantly delaying. What should be my course of action? I want them to return all my money with interest and also get them behind the bars for causing me lot personal & mental problems.
In case of absence of any documentary evidence and the availability of only the oral recordings, a claim for recovery of the amount or the compensatory damages can still be filed against the defaulting party and the bank account statements as well as other payment related bank receipts or email or electronic records can be used as an incriminating evidence againt the warring party for the repudiation/proof of your claim and in case u wish to have the possession of the impugned flat then u can claim for the possession of the flat also by filing the suit for possession against the defaulting party but do remember that there is an limitation of 3 years for filing the suit for recovery of amount or seeking compensatory damages which can be calculated from the date of cause of action arisen on account of last tortitious liability which the defaulting party owed to you. Hence, in order to initiate the same i recommend you to first send a notice mentioning your claim therein to the defaulting party at the first instance.
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Adv. Tapish Vyas
Hinganghat | 25+ Answers
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First of all you have to send him legal notice for demand of amount paid to him. After service of legal notice you can file suit for recovery of said amount. And simultaneously criminal proceeding can be filed in proper court.
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Adv. Deepak Balwant Naik
Jalna | 25+ Answers
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You have remedy under civil as well as criminal laws. You can get an FIR registered under IPC for Fraud Cheating and gain out of the transaction. If the PS denies FIR or you find it difficult then file a private complain in local magistrate court. Further on the basis of transaction detail file a civil suit for recovery. Send a legak notice in this regard to start the procedure.
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Adv. Amarendra Sinha
Mumbai | 25+ Answers
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