Vrinda Jain
Asked November 24, 2016

non payment of loan

  • 3 Answers
  • 855 Views

Hi, I belong to an IT firm and gave money of approx one lakh rupees to a friend in the same company. He has taken approx 4 lakh from many employees of the company. He has been delaying the process of repayment and is fooling us around. Now he left the company and doesn't answer our calls. we have all the chat transcripts, call recordings and all the proofs that we need. We want to file a legal case against him. I want to know the procedure, my chances of winning the case, the amount of time and cost associated in the process etc. Thanks

Answers 3

Dear Sir

You have two remedies available to proceed against the said defaulter either you can file a civil suit for recovery and/or you can file Criminal case for cheating. First you can send notice through an Advocate. 

Litigation time, cost and fees are depend upon person to person, however, you have great chance to win the case. 

Feel free to contact me for the same. 

Deepak Raut 

Advocates

Agree Comment 0 Agrees almost 4 years ago

Default avatar
Saumya Kumar
You can file a civil suit against the person to cliam the amount you have given to him. Make sure you have all the documents, chat records with you carrying the date and time of the conversation. Further, try to get witnesses who can support these recordings, for example somebody who was present when the money was paid, somebody before whom the concerned person mentioned that he will repay the amount. Present these evidences to a lawyer who will help you file the suit and send a notice to the concerned person. There is no guarantee on the time limit for a case and it depends on numerous factors like availability of lawyer, witnesses and often the defendant. Therefore it is difficult to estimate the time period and the cost as it depends on the time itself. To get in touch with lawyers registered with us, you can provide the details on http://lawfarm.in/legal_cases/new
Agree Comment 0 Agrees almost 4 years ago

In my opinion you have strong case to win due to proof that you have such as chat transcripts, call recordings etc. preserve them with you.

First step would be to send legal notice through an Advocate. 

therafter you can file recovery suit in appropriate civil court based on your jurisdiction.

court fees amount depends on your claim assuming that you have a claim of around 1,00,000/ - it may come to around 6,500/-.

main benefit in filing civil suit for recovery amount is that you can calim interest amount as well as costs to some extent. Besides this they are summary proceedings which should not take too long, however this depends on case ot case basis. 

With regards to costs and professional fees you can consult me. In case of any query or doubt please feel free to contact me.  

warm regards

Adv. Vinit J. Mehta  

Agree Comment 0 Agrees almost 4 years ago

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