- This topic has 5 replies, 2 voices, and was last updated 1 year, 5 months ago by
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RHere’s the revised version including your additional details:
An old friend reached out to me recently, requesting financial assistance of ₹1,00,000. However, he asked me to transfer the amount digitally to his friend’s account, citing issues with his own bank account at the time (both of them were traveling together). He promised to return the money within two weeks, but it has now been two months. I’ve been reaching out to him repeatedly to remind him and ask for repayment, but I keep receiving all kinds of excuses. I urgently need the money now to cover my bills.
I have the following evidence to support my claim:
1. Chats where he requested the money to be sent to his friend’s UPI/bank account, along with the relevant account details.
2. UPI transaction records showing the payment to his friend’s account (which I suspect could be a mule account).
3. My call history and all text conversations where I have followed up with him.What steps should I take next? Would issuing a legal notice or filing a money recovery suit be effective?
Since the amount was deposited into my friend’s traveling companion’s account, would the suit still be applicable in this case? If yes, how effective would it likely be?
He has also offered to repay me in cash, but I’ve avoided this due to concerns about potential foul play. -
UNAL
You had done a lot of mistakes by lending the money in this manner. However try these steps:
1. Legal notice:
– Send a formal legal notice through a lawyer detailing the loan, evidence, and repayment demands.
– This often prompts settlement as it shows serious intent to pursue legal action.
– Keep proof of delivery of the notice.2. Civil suit options:
– File a money recovery suit under Order XXXVII of Civil Procedure Code.
– You should name both your friend and the account holder to whom you transferred the money as parties to your suit.
– The digital evidence chain (chats + transaction + followups) can be presented as evidence.3. Police complaint (fall back option if the above two aren’t working):
– File a written complaint if there’s any suspected fraud here.
– This is especially relevant given the potential “mule account” concern that you have.
– This can help create additional documentary evidence of the attempt to recover your money.4. Mediation:
– Consider using lok adalat or other mediation services, as a last resort.
– These are typically less expensive and faster than full blown litigations.
– Can result in legally binding settlement.Practical steps to follow:
1. Document all future communications like you have been doing in the past.
2. Avoid accepting cash payments as mentioned (wise precaution).
3. Gather all digital evidence including:
– Bank statements
– Screenshot of UPI transactions
– All relevant chat history
– Call records
4. Get these records notarized to strengthen their evidentiary value. -
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UCost depends on the city you’re in and the kind of lawyer you choose. Sending a legal notice is not expensive, however filing a civil suit might cost some more.
I am not sure what did you mean by practicality.
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UThat is hard to say. If he’s simply avoiding you then the legal notice might act as a nudge and either he’d get his own lawyer to respond or try to mediate with you. In the former case it might get dragged a bit and both of you would incur costs. But if he’s ready for mediation then you might hope for a quicker resolution.
But if he’s ready to take you for a ride and has no intention of paying you back then it will drag on as you file a police complaint and go for a civil suit.
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