Money Suit
Querist :
Anonymous
(Querist) 24 May 2010
This query is : Resolved
My firm had taken a franchisee of a company headquartered in Bangalore. After making them the payment of full franchisee fees of Rs 5 Lacs (inclusive of 2.5 lacs as refundable business deposit) via cheque, the company didnot perform and failed to provide us with the services offered by them.
We dont even have a written agreement with them. We then left the franchisee, and asked them for the total amount back. The company said that it would refund only Rs 2.5 Lacs which was paid as business secuirty deposit. We have receipts of Rs 5 Lacs paid to them.
Can I claim full refund from the company via law ? What legal steps can I take against the company for refund of full amount ?
Please advise your charges for money suit for Rs 5 lacs inclusive of all charges.
B K Raghavendra Rao
(Expert) 24 May 2010
When you approached the company for refund of Rs. 5 lakhs did they communicate to you in writing that they would refund only Rs. 2.5 lakhs? If so this could be a document supporting your case.
Merely having a receipt for Rs. 5 lakhs would not be sufficient for you to approach a court of law for recovery of money or for compensation under consumer act.
You may file a police complaint against the company for cheating under Section 420 of IPC. In fact, they have cheated you.
You may also approach the Consumer Court as they have taken 'fee' but not delivered the service.
Querist :
Anonymous
(Querist) 24 May 2010
Yes they have communicated in writing that they would refund 2.5 lacs . I wish to file a money suit instead of 420 ipc. Is that possible ?
How does consumer court work ? I paid money to the company for franchisee ! Would consumer court be able to help ?
Querist :
Anonymous
(Querist) 24 May 2010
I am located in Kolkata.
Krishnamurthy Ramdas Iyer
(Expert) 24 May 2010
