You can't reverse the transaction if done willingly. If done by mistake bank has power to reverse it. If not reversed you can send her legal notice and approach court for recovery. Defamation will only be liable if she defamed you wrongly
Accidentally I transferred 35000 to previous house owner and when I asked to return she abused us a lot over the phone. And she is not ready to return so raised a complaint with Axis bank where I hold the account. She is holding account in canara bank. This is in progress with the bank. Meanwhile,1. can I file a defamation case against lady owner for abusing us? 2. What are the legal options to recover money if Bank is not able to help me in reverse the transaction? I have sent the screenshot of transaction to lady owner on whatsapp, also she agreed over the call that she received the fund. But not ready to return.
You can't reverse the transaction if done willingly. If done by mistake bank has power to reverse it. If not reversed you can send her legal notice and approach court for recovery. Defamation will only be liable if she defamed you wrongly
Abusing on phone is between 2 person is not defamation. If it was in public than would be a matter of defamation. Have to file Recovery suit. Send her legal notice to refund the by mistake transferred fund or you will file FIR against her and civil recovery suit.
for defamation, the abusive words are required to be uttered against you in public
here that happened over phone call
so defamation charge cannot be invoked
to recover the money, you will have to file a money recovery suit against that lady
banks will not help. Bank would not know that the transaction was made accidentally by you
you can also lodge a police complaint against the lady for illegally withholding your money and for criminal intimidation over phone
1. If she abused you over phone and no one heard her abuse then no case of defamation lies though on this you can file case of criminal breach of trust and criminal intimidation.
2. The bank has got nothing to do with your mistake. File the criminal case as advised above. Filing a civil suit for recovery is another option.
Dear querist,
1. Send a recovery of money legal notice along with the cease and desist notice for defamation and seek the public apology from the lady. You can also seek compensation for her misconduct. 2. If that suffice your requirement, fair enough. If not, then we will proceed with filing the case for defamation and recovery suit as well as criminal complaint for theft and cheating. In case you seek my assistance, i can be contacted through google on https://g.page/advocate-yuganshu-sharma-sys-la?share
File complaint for cheating against lady for refusing to return funds deposited in her account
do you have any call recording of abuses hurled at you kindly clarify
You can make complaint to RBI ombudsman regarding this for reversal of transaction, if this is within 48 hours of transaction done.
https://cms.rbi.org.in/cms/IndexPage.aspx?aspxerrorpath=/cms/cms/indexpage.aspx
1. You have transferred the said amount inadvertently to the that lady in question.
2. send her a legal notice asking her to return the amount within next 7 days.
3. If she does not, file a recovery Suit against her.
4. It will not be a defamation suit. You can lodge a police comp0laint against het for abusing you if you have any evidence in support of your allegation.
Dear sir/ma'am,
Merely abusing does not amount to defamation unless the abuse is defamatory in nature (such as aspersions on caste, character etc.) and is made in front of someone else.
Therefore it is not advisable to file a defamation case, you'll simply end up wasting your time and resources.
For recovery of money you can first get issued a legal notice demanding the refund from the lady. If she does not refund you can institute a suit for recovery of money. This case basically falls under the category of "quasi-contracts" and she is legally liable to refund the money.
Best wishes.
1. defamation essentially must fulfil the following requirements:
If the above three conditions are satisfied you can file the proposed defamation case.
2. You issue a legal notice to the person who received your money demanding her to return it, failing to respond or comply with the demand made, you can file a money recovery suit agaisnt her before court.
- Since she has accepted for the receiving the said amount, then on the ground of proof of payment , you can recover the said amount from her legally.
- If she refused to refund the amount , then you should send a legal demand notice to her , and further if no response then you can file a recovery suit against her before the court , and your presence is not mandatory for that case.
- Further , as per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- You have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.
- Your mentioned details are amounts to Defamation by that landlady , and a criminal case can be filed.
- You can also file a civil defamation case, for claiming compensation, after paying court fees.
1) No. The ingredients are not available to initiate Defamation.
2) Obtain the written reply from the Bank giving reasons for not reversing the payment made by you to the lady, based on which, you can issue notice to the lady demanding the money, if she fails to respond / return the money, then file suit for recovery of money.
A recovery suit can be filed against her but file it quickly. A criminal defamation can be filed against her if she has publicly abused and ridiculed you. Private altercations don't come in the category of defamation.
Hi, it is advisable to issue a legal demand notice and file a civil suit for recovery in court if she fails to comply with the notice
you can file recovery of money suit.
Instead of filing defamation, you must file a complaint in the concerned police station and if they do not take any action then file a private complaint in the court of Judicial magistrate.
Dear Client,
You may first send a legal notice for recovery of the amount to the accused. If after receiving the legal notice, the accused dont response then you may file a Suit for Recovery of the same amount.
1. No defamation cannot be filed for abusing on phone because it is related to defamatory comment or material against someone to be published or stated against you to someone else.
2. You can send a notice for recovery to previous landlord that money was transferred on your account by mistake of current current landlord and demand the refund of money transferred.
Dear Sir/Madam,
You are suggested to serve a legal notice to said lady owner regarding defamation and demand of the money and if not done her, file the suit in the court for the same. it is also suggested that being a lady she may misuse some women oriented laws and can file the false cases against you. Hence, submit an humble application to police authorities mentioning all the fact and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members. This application can be sent by post, but preserve the application and postal receipt.
Dear Client
This is to inform you that