Need to recover debt from a person

5 years ago

I had lended 9 lakhs to an aquarium businessman who at the time seemed to be genuinely in need of money to run his business. I got a written agreement on a normal paper with a witness sign from my end and this aquarium businessmans signature. This agreement stated that he would repay my 9 lacks with an interest of 36% at the time of Rrepayment which was 9 months from the date the agreement was made. Its been 3 months now since i lended him the money. Recently i uncovered that this person had borrowed money from many other people ( most of whome were his customers ME INCLUDED) and promised them the same thing. This person has disappeared and not answering his calls or responding to mails. Is there any legal way to recover my money and what is the procedure. I am just a student and i don't have any money at the moment. PLEASE HELP!

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Ashish K Dongre

Responded 5 years ago

A.Send him a legal notice.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.hallo sir you should send legal notice for recovery. if they didn't reply to your notice then you can file summary suit for recovery into civil court.consult with lawyer for filing suit.

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ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. You did not mention whether you have a money lending license. For your understanding, money lender license is required to deal in the business of lending the money on interest which should not be more than 21% for unsecured loans for non-agri people and 18% for secured loans for non-agri people and for agri people is 12% and 15% respectively. Doing money-lending business without license is illegal and attracts penal provisions under the Money Lending Act. As such any act which attracts penalty under a Statute is forbidden by law and cannot be enforceable before the court of law in view of section 23 of Indian Contract Act as held by Full Bench of Allahabad High Court which is reported in AIR 1994 Allahabad 298 FB.

Hence your agreement with him is a void agreement and forbidden by law:-
(i) if you don't have a money lending license
(ii) if you have a money lending license but you've overcharge him above interest rate of 18%-21% as it is liable for imprisonment for a term that may extend to three years and also a fine that may extend to Rs 30,000.

under these circumstances your complaint is liable to be dismissed.

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Abhimanyu Shandilya

Responded 5 years ago

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A.See if you have a written agreement then you can go ahead and file a summary suit to recover ypur money. But before that send him a legal notice.

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Ambrose Leo

Responded 5 years ago

A.You will also come into trouble for money lending without a Licence,better to consult a professional Senior Advocate to take up the case quickly and protect your interest.

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T B L Murthy

Responded 5 years ago

A.you can file a police complaint. you can also file a civil suit if you have the last residential address of the debtor and if he has some property known to you.

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