Madan Lokande
Asked March 16, 2017

Recovery of money

  • 5 Answers
  • 1718 Views

Tripla financial NRI funding company in Jaipur contacted me and offered loan of Rs2500000/ and they said that I should deposit Rs35000 once and then 89000/ and 80000/and 50000/ totally I transferred Rs2.5 lacs through RTGS.Now they are telling to deposit Rs2.8lacs .when I objected they are not responding. So help me how to proceed with the subject.

Answers 5

file a criminal case of cheating under section 420 of IPC against the company and there directors, further if they do not come for compromise etc have a case in consumer forum for unfair trade practice by asking relief of refund, costs and compensation,

Agree Comment 0 Agrees over 3 years ago

File case online through complaint board 

File fir against said company for cheating send legal notice

Agree Comment 0 Agrees over 3 years ago

Send a notice to the company declaring that if the dues are not settled you will file a case against them. If there is no response, you have the option to file a criminal case agaisnt them or a case in the Consumer Forum. Make sure you keep all the details of the payment made and all communication exchanged between the two parties with you to submit them as evidence.

Agree Comment 0 Agrees over 3 years ago

Send a notice to the company declaring that if the sues are not settled you will file a case against them. If there is no response, you have the option to file a criminal case agaisnt them or a case in the Consumer Forum. Make sure you keep all the details of the payment made and all communication exchanged between the two parties with you to submit them as evidence.

Agree Comment 0 Agrees over 3 years ago

You have the following options for recovery of money- o

Civil remedies:

The most common civil remedy for recovering money is Order 37 of the Civil Procedure

Code, which allows a creditor to file a summary suit. Compared to normal suits, summary

suits are disposed of faster. 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. If the defendant makes an

appearance, the court accepts his defence only if it is convinced that it is substantial to the

case in question. Where the matter concerns penalties or any other uncertain amount, one

cannot file a summary suit.

Criminal proceedings:

You also have the option of initiating criminal proceedings against the defaulter under the

Indian Penal Code, 1860. You can either file a case of criminal breach of trust or cheating, or

even mischief. These are the following sections you can file a case under-

1) Section 406 covers criminal breach of trust under the Indian Penal Code.

2) Section 417 tackles cheating under the IPC.

3) Section 420 covers punishment for cheating and dishonestly inducing delivery of property

under the IPC.

4) Section 426 covers punishment for mischief under IPC.

However, criminal cases are time consuming and economically not viable. In criminal case,

punishment would be given more emphasis whereas, in civil cases, recovery of money would

be. Moreover, the burden of proof is higher in criminal cases compared to civil ones.

If it involved any online transaction-

You could consider filing a case of FIR with the Cyber cell of police of your city/state citing

that your cyber safety has been breached. CIDs (Criminal Investigation Departments) of

various cities opened up Cyber Crime Cells in different cities. The Information Technology

Act of India states clearly that when a cybercrime has been committed, it has a global

jurisdiction. Hence a complaint can be filed at any cyber cell.

You could follow these steps while registering an FIR-

Step 1 -One may need to provide name, mailing address & telephone number along with an

application letter addressing the head of a cyber-crime investigation cell when filing a

complaint.

Step 2-One must provide certain documents in order to register a complaint. List of

documents varies with the type of cyber-crime.

Source:

 http://www.legalservicesindia.com/article/article/order-37- cpc-summary- suits-1514-

1.html

 http://cybercellraj.com/

https://indiankanoon.org/doc/1569253/

Agree Comment 0 Agrees over 3 years ago

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