Recovery of debts

P.C. Joshi (Querist) 05 July 2013 This query is : Resolved
Dear Freinds,
A company had an agreement with a E commerce for online selling of products through that company's e commerce site. The system used to wrk like the customers place theri order online on e commerce site and make the payment of the products they need. The e commerce site sends us daily requirement list and we supply the products directly to the customer. The e commerce company pays us by 7th of next week for last month payment received online after deducting its commission.Initially for few months the e commerce company made payment timely but later on they have not paid us and finally an amount of Rs 12500/- appx is still pending for more than 6 months.Now they are dictaing tehrms to us to accept settlement at 50% say about Rs 6000/- our company as a matter of principle does not want to accept this. Please let me know what is the best way to recover the full amount through legal process. Like summary debt recovery suit,consumer complaint or criminal case for breach/misappropriation of trust. We are Delhi based and the e commerce company is Bangalore based.

Request for early response.

Thanks
P.c. Joshi

Follow Query

Report Abuse

ajay sethi (Expert) 05 July 2013
for recovery of rs 12500 filing summary suit would be n expensive proposition . better reach an out of court settlement

R.K Nanda (Expert) 05 July 2013
first email a legal demand notice to said co. and demand ur amount.

Nadeem Qureshi (Expert) 05 July 2013
agree with experts

Rajendra K Goyal (Expert) 05 July 2013
Send a notice first, litigation would be costly, try to reach out of court settlement.

Raj Kumar Makkad (Expert) 05 July 2013
I do endorse the advice of the experts.

Guest (Expert) 05 July 2013
Legal notice is first proposition. However, subsequent to issuance of the same, wait and watch for the period for which the notice is issued to know what stand the e commerce company takes and accordingly proceed for filing summary suit which is maintainable as the business transaction is done on placement of orders and vouchers. Legal recourse does take time, no matter. However, when the e commerce company will appear before court shall have to seek leave to defend as per Or 37 C P C. There are judgments to that effect of Delhi High Court wherein the opposite party is directed to deposit part amount at the time of seeking leave to defend.

Raj Kumar Makkad (Expert) 05 July 2013
Notice is the primary chance to the opposite party to do the needful and failing only to file the suit as advised.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries