1 Answer
Dear Client, we understand that you are experiencing frustration over your situation; however, you still have options to obtain legal relief. Just because you do not have a written contract does not mean you cannot get repaid. The courts will enforce an informal agreement, and the proof you have would actually be more valuable than you may realize.
You have bank records that show money was transferred from your mother's account into this person's account. This is strong proof of money being transferred. You also have WhatsApp messages where you request the return of the money repeatedly, and the other person acknowledges their obligation to repay you in those messages; therefore, those messages will qualify as admissible electronic evidence pursuant to Section 63 of the BSA. The fact that the other person has acknowledged their obligation to repay you in those messages will prove to the court that you had a loan to them, which is all you will need to prove to the court that the money was taken and has not been repaid.
The first step in pursuing a lawsuit is to send a formal legal notice through an attorney demanding payment of the entire balance owed within 15 days of the date of the letter. The notice should reference the original transaction, the partial repayments made, and the balance remaining. This puts him formally on notice and creates a paper trail. Very often, a legal notice alone is enough to shake loose a debtor who has been acting carelessly.
If he does not pay after the notice, file a civil suit for recovery of money before the Civil Court of appropriate jurisdiction. The transaction records and Whatsapp chats will be exhibited as evidence, and courts regularly accept such electronic records to establish informal loans.For the part of the amount he has paid back to date has also qualified as an admission of debt under Section 18 of the Limitation Act because it constitutes a partial payment. Your claim continues to be valid as a result of these admissions/repayments; and therefore, it is governed by a new limitation period from the date of each last partial payment made to you (and you still have plenty of time). If you intend to teach him a lesson by way of a legal action for the original transaction being based on a false promise (false representation) of the ability or intent to repay, you could also file the matter with the police pursuant to Section 318 of the BNS (cheating). His attitude and manner of speaking to your family, while morally offensive, does not by itself constitute a separate offence but taken together with the non-repayment and WhatsApp evidence, it strengthens the overall picture of deliberate evasion. Move forward confidently, the evidence you have is sufficient to win.
I hope this helps, and if you have any further issues, do not hesitate to contact us.