Can I recover money from legally as an NRI?
I gave ₹18 lakhs to my friend, out of which he has returned only ₹3 lakhs. Despite my repeated requests, he is refusing to repay the remaining amount, stating that he does not have the money to do so. I have bank statements and transaction records proving that I transferred the money to him. Can I take any legal action against him, including filing a cheating case? How long would such a case typically take to resolve, and are there any fast-track procedures available considering that I am an NRI?
Dear Client , You can file a civil suit for recovery of remaining ₹15 lakhs from the bank transfer records and other proof. A criminal case against another person for cheating under Section 318 of Bharatiya Nyaya Sanhita, 2023 (earlier Section 420 IPC) can only be maintained if you can establish that your friend was dishonest in his intention to defraud you from the outset: Mere failure to repay a loan is usually a civil matter. Recovery suits can be several years. The mere fact that you are an NRI does not entitle you to fast track proceedings but you can appear through a power of attorney if allowed by the law. Thank you for reaching out to Prime Legal.
Dear Client, yes, you may take action to recover remaining amount. You can send a legal notice first, and if that does not help, you may proceed with a civil suit for recovery. A cheating case might be successful only if you can prove that your friend never intended to pay the money from the beginning. Keep all your transactions, screenshots, messages. You can authorise a power of attorney to pursue a case on your behalf in India. Hope this helps.
Yes, you can initiate civil recovery proceedings to recover the remaining ₹15 lakhs, and a criminal complaint for cheating may also be maintainable. With bank transfer records and other evidence, you have a strong basis to take legal action. As an NRI, you can authorize a Power of Attorney holder to pursue the case in India, though there is no separate fast-track procedure solely because you are an NRI. For further legal assistance contact us on our helpline number.
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