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rajiv (ceo)     09 October 2019

what to do if a company is not refunding security deposit

30 years ago we had taken a cement agency with 50k Security deposit with 10% annual interest

25 years back dealings stopped and co stopped supplies and did not refund credit balance not security deposit or interest



can we claim it now ?

if yes with simple interest or compound interest?


Learning

 15 Replies

G.L.N. Prasad (Retired employee.)     09 October 2019

It all depends when the notice was issued when the final settlement was done, what was the response of such principal, as there is a limitation period for every legal action.  Contact a local advocate with entire correspondence on the issue on refund of such deposit and perhaps he may find a way, as principal never refuses to repay security deposit in response to notice and limitation period commences from the date of his refusal to refund such deposit and final settlement statement.  You can plead for compound interest and it is the court that has to decide basing on the terms of such payment of interest stated in agreement.  If the annual interest is refundable, and not refunded then a court may take into account compound interest.

Real Soul.... (LEGAL)     09 October 2019

You mean to say you will raise the calim after 25 years ; just you woke up like Rip Van Winkle....

 

rajiv (ceo)     09 October 2019

GLN Prasad sir
no final settlement no cancellation by either parties
just seen security deposit lieing with them from so many years

shall I give them letter to refund

G.L.N. Prasad (Retired employee.)     09 October 2019

First, conclude that you may not get the amount, and now as you have nothing to lose by spending few hundred,  issue a demand notice as per directions of the local advocate.   Depending on the facts of the case, there must be a way out..  If the security deposit account is showing your name in books and in the balance sheet as a liability, I think there may be a chance as showing such liability may amount as debt acknowledgment.  Also, make some efforts by searching in google with keywords "Company not refunding the security deposit after the termination of dealership".  

rajiv (ceo)     09 October 2019

dealership not terminated but there are chances of account adjustment as advised by CA of the co

rajiv (ceo)     09 October 2019

dealership not terminated but there are chances of account adjustment as advised by CA of the co

P. Venu (Advocate)     10 October 2019

You have been making too many a posting. What is the real issue?

A.P.Loganathan (advocate Madras High Court)     15 October 2019

unless your agency is terminated you are not entitled to seek your security deposit

issue first a legal notice to them and seek the refund of that security deposit

is not responded file a suit in the court to recover that amount with interest

 

Adv A.P.Loganathan, Madras High Court  

1 Like

G.L.N. Prasad (Retired employee.)     15 October 2019

A security deposit can also be adjusted towards existing dues at the termination of agency, and as per stipulations in agreement, the agent is not entitled for refund of the security deposit if his dealership is terminated for breach of contractual terms and fraudulent activities.   There is something that is not being stated by the member for his long silence for 25 years after termination.

rajiv (ceo)     15 October 2019

termination doesnot occured 

business closed long ago

Few people in forum talking as Kumbhkarn  seems to be childish in nature  any way

since agency business was closed and security deposit was with co ,which was not adjusted against any thing  and not refunded by the co with or without any reason.

they did not refunded and we had came to know that security deposit was not given by them ...yes after so many years...

now only point is to ask to refund  that moeny as it was taken as security deposit with simple interest or comp interest.

It is not handloan or gift....

 

 

G.L.N. Prasad (Retired employee.)     15 October 2019

Please demand a copy of the agreement between the company and agency, and find out the exact clause.  I am also facing such an issue as the dealership was terminated in 1964 voluntarily after the death of the Managing partner, and when the wife of a dealer is seeking the repayment details from PSU, they have been stating that they do not have any record. (Security deposit  Register is a permanent record and production of such record for demanding refund is a clause in the agreement. PSU has not disclosed as to whether SD was outstanding or paid and simple response is NO SUCH RECORD AVAILABLE).  The members who replied to the query are expert and there is a comment in limitation act that states that law can not support lazy and indolent and this may be a reason for such replies.  But, you must try as no one can derive undue benefit at some one's cost.  I know many companies and they serve a notice to agents to surrender original deposit and take the refund, and that interest can not be paid from the date of cancellation/termination/resignation date.

rajiv (ceo)     16 October 2019

there is no termiation notice given by either parties but business was closed by the dealer with diversified interest in other busines

Renewal of stockistship agreements year basis was also stoped by the co. but they did not refund that security deposit and sending interest cheques was also stopped by the co 

company should refund the deposit if not renewal occured and cement co sold entire cement units to another co ....

we also stopped cement business but just thought the company selling cement units doesnot mean our money is vanished or forfieted

 

 

rajiv (ceo)     16 October 2019

there is no termiation notice given by either parties but business was closed by the dealer with diversified interest in other busines

Renewal of stockistship agreements year basis was also stoped by the co. but they did not refund that security deposit and sending interest cheques was also stopped by the co 

company should refund the deposit if not renewal occured and cement co sold entire cement units to another co ....

we also stopped cement business but just thought the company selling cement units doesnot mean our money is vanished or forfieted

 

 

rajiv (ceo)     16 October 2019

there is no termiation notice given by either parties but business was closed by the dealer with diversified interest in other busines

Renewal of stockistship agreements year basis was also stoped by the co. but they did not refund that security deposit and sending interest cheques was also stopped by the co 

company should refund the deposit if not renewal occured and cement co sold entire cement units to another co ....

we also stopped cement business but just thought the company selling cement units doesnot mean our money is vanished or forfieted

 

 


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