A Delhi court has allowed a man to recover ₹5 lakh loan from a borrower, who was his close friend, along with interest.
It also dismissed the borrower’s defence that he had repaid the loan in cash to his friend as he insisted on cash payment. The loan had been paid to him through RTGS.
According to the complaint, the borrower had taken a loan of ₹5 lakh from the plaintiff to deposit the tuition fee of his daughter. But the loanee instead brought a luxury car immediately after taking the loan in the name of his daughter.
Lame excuses
After making lame excuses, the borrower stopped replying to the demand for repayment of the loan. Thereafter, the plaintiff filed a complaint for a decree to recover ₹5 lakh from the borrower.
Additional District Judge Vineeta Goyal said: “The existence of liability stands established against the defendant. The defendant has failed to lead any cogent and convincing evidence in support that defendant has returned loan amount of ₹5,00,000 to the plaintiff.”
Self-serving statement of defendant coupled with deposition of his defence witness (interested witness) in the absence of any independent evidence in the form of receipt or written acknowledgement is not sufficient to prove that money was ever returned to the plaintiff in cash.
Absence of evidence
In the absence of any evidence for return of loan in cash to the plaintiff by the defendant, the plaintiff is entitled to recover the loan amount of ₹5,00,000 from the defendant,’’ the Judge said. “In view of the findings of above said issues, this suit of the plaintiff stands partly decreed and the plaintiff is entitled for a sum of ₹5,00,000 along with interest @ 6% per annum from the date of extension of loan i.e. 12.04.2016 till the date of filing of suit and pendente lite and future interest @8% per annum from the date of filing of suit till its realization. Cost of the suit is also awarded in favour of the plaintiff,” Ms. Goyal ordered.
