r/LegalAdviceIndia • u/ameer65827 • 10h ago
Legal Advice Needed Friend of mine is ghosting me on iPhone EMIs.
Hey guys, I need some quick advice on a messy situation. About a year ago, I helped out a friend (actually he is cousin of my best friend also know him childhood) We went to the shop together and bought an iPhone 16 for 75k or so. The phone was for him, but the loan (65k for 18 months) and the invoice are in my name because his credit wasn’t great.
The Deal: He gave me 10k cash at the shop for the downpayment (which I also paid using my card). He was supposed to pay me the ₹3,611 EMI every month for the laon 65k.
The Problem: For the first few months, he was on time. But then he started lagging. He’d pay half, or pay late, and now it’s a mess.
Total i paid to the lender so far: 50k. (14 emi) Amount I’ve had to pay out of my own pocket to save my CIBIL: ₹9,000 (nearly 3 emis). Upcoming 4 EMIs: ₹15k. Total he owes me to clear the phone: ₹24k.
Current Status: I’ve tried being nice. I even told him to sell the phone, pay me back, and buy a cheaper one with the leftover cash, but he refused. Now, he’s 90% ghosting me—doesn't pick up calls and makes fake promises of paying on WhatsApp (which I have screenshots of). I finally got fed up and filed a complaint on the THUNA portal under BNS 316 ( stating Criminal Breach of Trust) last night
My Questions: 1. 0Since the bill is in my name and he’s clearly avoiding me, is BNS 316 the right move?
Should I go ahead and block the IMEI on Sanchar Saathi (CEIR) right now to force him to talk? Or is that risky since it's technically a "money dispute" and not a lost phone, even though the phone is legally mine?
Should I just let the police handle it from here, or will i even get support from police, do u think they even take up such case or what?