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HItās workers union. Ask any colleague about it. If that does not work, then get a lawyer, send legal notice and file case.HFile a Police case and have records of this incident. It might seem petty and will have no real outcome but will come in handy during divorce proceedings. Your wife at the time of divorce will make all standard allegations against you and having filed a police case first will be your favour. Please note that while you go back to US your wife may file cases against you and even arrest warrant may be issued without your knowledge. And when you come back, you may end up getting arrested at the airport itself due to pending warrant.HThey can. It is not called subpoena though. They can issue summons to produce whatever they want. Your cell-phone provider will provide all the details to the Court, however, things get complicated with whatsapp, gmail etc. These are not Indian companies and can ignore the summons of Indian Courts. This is a big on-going issue and the government is working on it. Our government wants to make it so that even these foreign based services will have to comply but nothing concrete has happened till now.
But there are ways around it like the court issue summons to produce your phone and all devices and direct the police to check all contents.
HThey can. It is not called subpoena though. They can issue summons to produce whatever they want. Your cell-phone provider will provide all the details to the Court, however, things get complicated with whatsapp, gmail etc. These are not Indian companies and can ignore the summons of Indian Courts. This is a big on-going issue and the government is working on it. Our government wants to make it so that even these foreign based services will have to comply but nothing concrete has happened till now.But there are ways around it like the court issue summons to produce your phone and all devices and direct the police to check all contents.
HIt is the job of police to file FIR if someone complains. Do you think the police filed the linked FIR by themselves? Absolutely not! They donāt have a choice in this regard. In fact, police in most cases police try to avoid filing FIR as they would then have to investigate as well and regularly report the progress of the case in court. In this case, probably someone with political connections complained, which is why they had to register the FIR.Regarding the other things mentioned by others in comments, while police do harass people for money, in most such cases, they only threaten verbally and avoid doing anything in writing. Also, there are cases where someone may have complained, and they take advantage of the situation to harass you to make money. But they will only go for an official case (false) if you mess with them or offend them, or someone with power or money has asked them to do it.
HYes. Courts can call upon any person to produce documents or give evidence. The procedure is different for both civil and criminal proceedings.HArbitrations can get quite expensive, and I donāt think itās worth it for you to fight to the end as the claim amount is very low. Apart from lawyer costs, you will also have to pay the arbitratorās fees per hearing and for venue. Of course, you can recover the costs at the time of the final award, but you will have to bear the charges till then, and full recovery of costs is not a guarantee.Around 20k is sufficient for a S.11 Application before the High Court. It is best for you to file a S.11 Application for the appointment of an arbitrator. It is likely that your landlord will settle the case once you go to court because it is also not tenable for him to fight the case to the end (he will also have to engage a lawyer and pay 50% of the arbitratorās fees and venue charges. This is in addition to returning the security deposit if award comes against him). Also, speaking from experience, unless they have a genuine case, landlords get scared after receiving court notice and end up settling the matter in most cases.
HWhen was he supposed to return the 1st instalment? If nothing was agreed upon, then you can calculate the period from the date you made the payment. Also, if there is no paperwork regarding the loan, then while filing the case or sending notice, mention the interest rate as 5% p.a. or something. You can say that you are willing to let it go and accept only the principal amount but do not call it an interest-free loan. Consideration is an essential part of any contract. If you are getting nothing in return, then it does not count as a valid contract, and you wonāt be able to recover your money.Did you make payment to him from your wifeās account? If yes, then you will need to involve her in the legal proceedings. If the entire amount is disbursed from your account, then you can proceed with the case without involving her. But personally, I would recommend you inform your wife. What if she wants to use the savings for something tomorrow? What will you tell her then? Or what if your friend decides to come to your house to talk about the issue or sends a letter/notice, and everything is revealed to your wife then? Court cases take time, and it will be hard to hide from your wife. Itās best if you tell her yourself rather than her finding out some other way.
HSend him a legal notice and file a case. If you are able to show that you have given him the amount through bank statements & correspondences etc. that should be sufficient. You cannot recover any amount paid in cash.Donāt think about relationship, that is going to get ruined anyways now that he has refused to pay back. Trust me on this. I am a lawyer and had a client in similar situation like yours and who did not taken legal action in time thinking it was dispute within family. By the time he decided to take legal action it was too late and his claim (over 1 cr) became time barred. There is a time-limit of 3 years from date of default in payment for filing cases. After that time has passed you will lose the right to legally recover the debt.
HYou can get the document affirmed before any gazetted officer authorized in this behalf. For court filings when a client cannot afford to get notary done, we often have the document affirmed in the Court itself.HWhat does your delivery receipt say exactly? If it says that she has refused to accept then thats as good as delivered and you can proceed with your case.HAnswer 1 – Yes, your method is acceptable. But write the title of your document on the stamp paper and pg.1 at the bottom so that it connects to the rest of your document. You can do it by hand.
Answer 2 – Rs. 200 for notary is standard fees. Your notary has quoted correct rates to you.HWhich airline is this? If itās government-owned, you can file a Writ Petition, but if itās private, then you will have to take other recourse. Either way, there will be a registered trade union for your organisation. Approach them and explain your situation to them. They are likely to help you with your situation.HWhile in my earlier comment I have said that you can take both civil and criminal route for recovery, it is best to avoid multiple proceedings since your claim amount would be low. I would recommend you go cheque bounce route i.e. S.138 Complaint. This is filed before Magistrate Court having jurisdiction over the area where your Bank home branch is located (where you have account). You will have to look for some local lawyer who practices there. You can go visit the court room dealing with cheque bounce cases for seeing how the court works and can also identify a decent lawyer who practices in that court. Ask clerks working there for advice. Donāt go for High Court lawyers or more expensive ones as amount involved is not high and they will not prioritize your case.
