Nitin Kumar
Asked March 17, 2017

Friend refusing to return money and laptop

  • 1 Answer
  • 267 Views

I provided my brother's laptop to a friend who already ows me 7000 INR, after multiple failed attempts to get my money and laptop back he has vanished and refused to give back my laptop and money. I have bank receipts for money deposited in his account and call recordings in which he accepted to return my laptop in a month. I filed a police complaint regarding the same and he told the cops that he never got any laptop from me and says that the call recording is not legitimate. How can I get my money and laptop back as it contains personal family and official data also I cannot afford much to hire a lawer for this case. I lost my job as well. Help me find a solution, less expensive is preferred. I also want to sue him for hassle and pain caused to me since 3 months.

Answer 1

Serve him a legal notice, stating all the facts and how much he owes you along with the interest, as the defaulter should be aware the grounds on which a case is being filed against him. This should include information concerning the debt, for instance, how the debt was incurred, the original amount of the debt, when the last payment was made, and the current amount that is due to be paid back. Give him a particular date to pay back the amount. If that passes, you can now initiate a Recovery suit as under Order 37 of CPC.

Please remember that the limitation period for initiating a recovery suit is 3 years. Post 3 years from the date of action, youll be barred to take any legal recourse. You can initiate your case at:

In your case a suit, which amounts under Rs.20, 00,000/-, would lie before District Courts.

Once the suit is instituted and the summons are issued, the defendant has 10 days to make an appearance, failing which the court assumes the plaintiff 's allegations to be true and, accordingly, awards the plaintiff.

You can also initiate a criminal proceeding. You can either file a case of criminal breach of trust or cheating, or even mischief as under section 406, 417 & 426 on Indian Penal Code 1860 respectively. However, criminal proceedings usually take a long time to conclude. So you may end up wasting valuable time and effort in court to recover your due.

In order to avoid the proceedings if he gives a scheques and the same gets dishonor then you can also initiate a Criminal Complaint against him under Section 138 of the Negotiable Instruments Act in case the cheque gets dishonored.

As per your concern for less expensive mode of litigation you are eligible to get free legal aid through Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. And most importantly under Article 39A of the Constitution of India, which provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability

 

Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

 

Procedure for obtaining free Legal Aid

1) A person who satisfy all or any of the criteria specified shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.

2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

3) The person who wants to take free legal services has to fill up the application form which can be taken free of cost from the Offices concerned situated at Chandigarh, all the District Headquarters and at all the Sub-Divisional Headquarters.

Legal service may be given in all or any one or more of the following modes, namely:-

a) by payment of court fee, process fee, expenses of witnesses, preparation of the paper book, lawyers fee and all other charges payable or incurred in connection with any legal proceedings;

b) through representation by a legal practitioner in legal proceedings;

c) by supplying certified copies of Judgments, orders, notes or evidence and other documents in legal proceedings;

d) by preparation of appeal paper book, including printing, typing and translation of documents in legal proceedings;

e) by drafting of legal documents;

f) by giving legal advice on any legal matter; and g) through Mediation Centres of Family counseling Centre.[1]

[1] http://ecourts.gov.in/ferozepur/free-legal-aid

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