I need help to recover the money.
5 months ago
My father has given some amount of money to one person who is son of my father's known person in 2013.
The person who borrowed the money has returned some of the money for some time. There is no any contract document available but I have the bank account statement which is showing all the transaction of the money transferred to that person.
After that he stopped returning the money and still he is not.
My father passed away last year. During his last days he told about this matter to us and also said that around 15 lacs rupees are still to be recovered from that person.
We called him so many times during last two years but he is not returning any single rupee.
I went to the police station but they said that police can't help in this matter. I also met some advocates but they refuse to accept this case saying that this case could not be filed.
I drafted an application to file FIR and criminal case under IPC 420. I need further help on this to recover the money.
You can send a legal notice through a lawyer to the borrower, demanding repayment of the outstanding amount. This notice can serve as a formal communication indicating your intention to pursue legal action if the money is not repaid within a specified period. If the borrower fails to respond to the legal notice or refuses to repay the amount, you can file a civil suit in the appropriate court. Civil courts handle matters related to contracts and debts. Your bank statements, demonstrating the transactions related to the loan, can serve as evidence in court. Even without a formal contract, these records may be crucial in establishing the existence of the loan. While the police may be reluctant to get involved in what they consider a civil matter, you can still file a complaint. However, criminal charges like IPC 420 (cheating) might require proof of fraudulent intent, and the police may conduct an initial inquiry before registering an FIR. If the outstanding amount is related to a loan, you may explore the option of approaching the Debt Recovery Tribunal (DRT) for financial matters exceeding a specified threshold.