issue him ;legal notice to refund your money
2) if he fails to do so file complaint of cheating , criminal breach of trust against him
3) also file suit to recover your money with interest
How to recover money from a fraud seller?
I am 25 years old, a trader of electronic products. I had a supplier, Mr Ali, whom i have transacted with before and was in touch since a year. We had agreed that i would resell his products on commission basis (No official document). I had an order which got cancelled at the last minute. Mr Ali had already made an invoice for it, which i told him to cancel. Since he had already made an invoice, he told me to send him the amount, just to show it in his financial book keeping. He said he would return it in 2-3 days. I trusted him and sent him the money. I had also paid him twice to order some sample products, which i never received. Now after months of requesting him to return the money, he is denying the fact that he took money from me, and is refusing to return it. The payment made to him was online. I have bank statement, payment screenshot of the 3 amounts transferred to his personal account. Is there any way to recover the money legally? All i have are whatsapp chats and a bank statement.
Asked 6 years ago in Criminal Law
Religion: Hindu
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14 Answers
Can i file an FIR with the evidence i have ?
Asked 6 years ago
You can file FIR against your supplier
Yes you can send a legal notice to.him for refund of amount since order got cancelled. Further in case he denies or fail to pay on notice a civil suit for can be filed.
It is civil matter, police may refuse to take it .
File FIR, clear case of cheating. Don`t show any commercial transaction but buyer and seller.
Yes, you can file complaints against him for fraud transcations as per the Indian Contract Act.
Yes you can proceed with the filing of FIR
- Since, you have proof of payment like bank statement ,payment screenshot ,etc, hence legally you can force him to refund your amount .
- You should issue a legal demand notice to him , after mentioning the details of proof in your custody.
- If , no response within 15 days of sending notice, then you can file a case of recovery of your paid amount.
- Further, you should also lodge your complaint against him for cheating and breach of trust & threatening.
- Yes, you should submit a copy of the documents/evidence with that written complaint for lodging an FIR against him.
You can lodge FIR against the fraud seller for fraud and criminal breach of trust.
Or you can send him a legal notice for recovery of money transferred to him for samples and cancelled order.
After that of he refuse to return the money then you can file recovery suit against him.
You first issue a legal demand notice instructing him to return your money or the goods for which the orders were placed.
You can enclose the copies of the transaction made with him to prove the legally liable debt.
If he is not complying with the demands made then you can file a money recovery suit on the basis of the documentary evidences and the legal notice.
Since it is civil nature, the police may not entertain any complaint.
However nothing prevents you from lodging a criminal complaint against him for the offences of cheating.
1. The remedy in your hands is two fold-civil and criminal.
2. You may file a suit for recovery of money and also get a FIR registered for the offence of cheating and criminal breach of trust under Sections 406/420 IPC.
You have the option to file recovery suits.
issue a legal notice through an. advocate and file recovery of money suit along with interest.
you can file criminal case .