money taken for giving false frenchise

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
Sir
In 2005 one army officer offered me a franchise for a DID exchange which he told me is running on his wife's name for panchkula.
He also made an agreement for this. But when the DID exchange started with BSNL franchise, he did not gave any rights in that company. Later on I realised that they did not had any company previously and then taken money from me and started this business freshly. Now it is almost five years i am asking my money back but they are reluctant to give back money.
I want to know how can I get him to court or to Economic offence cell. Money given to him on his wifes company name by bank draft under agreement that they are giving me franchise of their company which is running in UP where as that company does not belong to them but to relative of theirs.
2-: What all charges can be put against him.
3-: this exchange is still running providing telephone and broad band to subscribers.
4-: I am not interested now doing business with them.
I want to know under what all charges I can sue him as he took money doing cheating and had no business to give me franchise.
5-: The exchange was installed but franchise not given as every thing is in his wife's name. And previously they had no such exchange/ company for which they made agreement. As verbally they said that after installation they will hand over the exchange to me but that did not happened. and I asked my money back which he is lingering on and not even paid a single rupee for last 6 years. I am interested to get him behind bars or he should pay one time payment
6-: They even did not paid govt taxes i.e. IT Svc Tax etc completely
7-: Money involved is a heavy amount

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Guest (Expert) 08 May 2011
You have not provided the very necessary basic information for the case, as your information does not seem to be complete.

Did you get the DID Exchange running duly installed with equipments and connections provided to the parties along with the list containing particulars and applications of the subscribers?

Kiran Kumar (Expert) 08 May 2011
you should have approached the economic offences cell of the police.

further if you had the knowledge that the taxes are not being paid, you could have shared the information with the concerned departments.

I dont know whether there was any documentation or not, but I must advice you to approach the police if there is a clear cut cheating and at this stage dont delay the matter.

s.subramanian (Expert) 09 May 2011
Yes. I fully endorse the view of Mr.Kiran.

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