Loss in business
2 years ago
In 2017 I offered my friend that I’ll give him 30% returns monthly through cryptocurrency trading and he gave me money around 40 lakhs total. (I didn’t took money in my bank account, he transferred money to currency exchangers bank accounts). Eventually i lost money in December 2018. Is showed him all proof at that time. Now I don’t have any proof as I deleted my trading account
Now he is turning against me and asking to show proof of loss. (As I don’t have any proof now)
We don’t had any written agreements. My doubt is can he sue me in any case?
A.Dear Sir
You need not worry it being a civil case he has to approach civil court and more so there is no written agreement.
You need not worry it being a civil case he has to approach civil court and more so there is no written agreement.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per RBI circulars, KYC is a mandatory process for the crypto-exchanges to work. If your friend transferred money to the currency exchangers' bank accounts where your KYC was registered then you would have to prove why you took the money from him. Cryptocurrency is not entirely anonymous because of KYC policies in India.
If you find my answer helpful then kindly rate me.
As per RBI circulars, KYC is a mandatory process for the crypto-exchanges to work. If your friend transferred money to the currency exchangers' bank accounts where your KYC was registered then you would have to prove why you took the money from him. Cryptocurrency is not entirely anonymous because of KYC policies in India.
If you find my answer helpful then kindly rate me.
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A.Hi,
If your friend had transferred his money to the currency exchangers' bank accounts then it must have been done through KYC policies as it is compulsory for every crypto exchange to do so. Now it depends on whose name the KYC was done. If it was your friend then he would have to prove that the money was transferred to you.
If you find my answer helpful then kindly rate me.
If your friend had transferred his money to the currency exchangers' bank accounts then it must have been done through KYC policies as it is compulsory for every crypto exchange to do so. Now it depends on whose name the KYC was done. If it was your friend then he would have to prove that the money was transferred to you.
If you find my answer helpful then kindly rate me.
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A.See what you are saying is that he paid directly to the cryptocurrency exchange like binance, coinbase etc. right? And sine you lost the details and do not have any to show have so neither he has any details to show and moreover when he wants to files a case what proof is he going to show? nothing. And lets say he produces his bank account statement then it was he who transferred to some bitcoin exchange which may not be disclosing your name anywhere.
In my opinion and understanding of the cyberworld and the law he can only harass you but nothing more.
In my opinion and understanding of the cyberworld and the law he can only harass you but nothing more.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.currency exchangers bank accounts means can you prove you gave him foreign currency for that 40 lakhs ?
if no then he can ask money to be returned even if you are able to get proof of loss.
if no then he can ask money to be returned even if you are able to get proof of loss.
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A.Firstly if he has several transaction or any other document which shows/proof of transaction with you then he has both option to sue against you but he has to show those transaction for particular to trading and he has to prove burden of proof lies on him.
Secondly never talk to him relationg topic may be he record your which may be against you..
Secondly never talk to him relationg topic may be he record your which may be against you..
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Sidhaarth
Responded 2 years ago
A.Details are required to be examined
If you friend has proof of payment then he can proceed and sue against you both in criminal law and civil law.
If you friend has proof of payment then he can proceed and sue against you both in criminal law and civil law.
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