Debt recovery - taken a loan from HDFC bank
1 year ago
Hi,
I have taken a loan from HDFC bank on 6th Feb2021 of 4,80,000, and have given to my cousin brother 4,75, 000 @4% of interest. And on 6th Feb, I have transferred 456000 Rs by deduction the interest amount of 19000. So, after giving the loan, he ensures me that there will be no default on Principal and you will get interest on time. But I don’t have any agreement regarding this, just I have a bank statement, and some WhatsApp chats. So, he is paying me interest on a monthly basis i. e. 19000 till may 21 but after some time.... He told me to take daily 3000 rs i. e. 90612 per month( interest is already included) and after that.... In october he stop paying me the money... And the total amount with interest left is 2.5 lac rs and from October I didn't get any money.
I am paying the monthly installment to hdfc bank on time and my cibil score is also 750+, so after discussion with a friend, who is also in the finance sector... I told him the whole matter and he sent me the fake notice of 2.5 lakh ruppes... Because I told to my cousin that I have taken a loan from friend @3%... So, when I ask to my cousin brother for the payment he say he is also not getting from some other to which he lent. I know his intention is right and he has taken money from his sister brother everyone and gave a loan of 30-40 lakhs to nirmal ( Cousin Brother Friend) . But my brother is not giving me the fixed date and also saying that the interest which I have given will deduct from the principal... Now I am in trouble when I will get my money back, and what's the procedure to file a case... Because I just have the bank statementstatement and also the issue is my cousin brother is not filing a case against the Nirmal ( to which he lent the money, and he have all cheques, bank statement Aggrement, everything).
Without a loan agreement in place, proving that money provided to someone was a loan that needs to be repaid can be difficult. This is because often money given to friends, an ex, or family member is considered a gift and so isn't required to be paid back. Hence in your case it will be very difficult to prove the loan and it will be a lot of hassle, but you have no other choice. Try consulting a lawyer near you and understand what are your options better.
Thank you so much, I hope this answer helped you.
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