Recovery of money
3 years ago
A father and son duo has taken money from me in regular intervals, promising me that they will provide a flat at very low price. Last payment was in June 2015. All the transactions were done through bank, so have records.
After sometime, I came to know that they cheated me as they don't have any such things. When I asked them to return my money, they stopped responding to my calls.
Now, I want to file a recovery suit and may be a cheating case too, against them.
My query is as the period is more than 3 years, can I still file the recovery suit or should I go for some other option?
Kindly let me know is there any way to get my money back and also punish the guilty's for the sufferings I faced.
If they are absconding, how to send them the legal documents such as notices or summons?
What steps should I proceed with?
2) As you have done all bank transaction you have a valid proof
3) You can File a case in which taking a bail will become a tough job for your opponent.
4) You can get your entire money back, it is NOT a big issue, As they both must have looted many other people like you
5) If they are absconding then too No issues just provide me with their Mobile Numbers & we can Legally Catch them if they are in INDIA
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ADV. ANISH PALKAR (High Court Bombay)
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Ask your lawyer to issue a legal notice for money recovery stating the recent promised date of payment, so the limitation may consider from that day.
Ritesh Tahaliyani
Responded 3 years ago
You have a very good case. Please understand that your case is not time barred. Though, you may have made last payment in June 2015, the opponents have never refused to perform their part of contract and are yet to refuse to pay back the money received by them. Under such circumstances, you can approach the court and have notices/summons issued on their last known address and if the opponents fail to appear, you may seek appropriate expartee orders.
However, I am sure there is much more to the matter, and actionable advice can be given only after at length discussion and consultation for which you can seek our contact details from Vidhikarya.
Your question so many doubts. Any way it is time barred so you must wisely put some more amount and regularize it. Secondly if they not available then get paper publication though court and get ex parte decree and get arrest warrant. Parallel to this you can lodge police complaint and manage to arrest them.
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