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KS Johal   06 October 2015

IPC 420

Dear Experts; Please provide your professional legal expertise in the following scenario: Can someone please explai ben IPC 420. A client has paid a deposit to go abroad on a student visa. The client was given a list of documents to produce since these were required by the embassy of that country. The client had taken approximately 6 months to produce the financial statements that was required. Having forwarded these to the appropriate College for them to provide an offer letter. There were 2 financial statements produced by the client each having 6 lakh rupees. The college wanted to know where this money had come from. Having questioned the client. It was established that they had sold some land for 23.5 lakh rupees. They provided the sale of land papers and were in Punjabi. I requested the client to translate these into English so that the college could understand the details. Again the client took more than 7 days to produce. Having submitted all the documentation that was required by the college. The college has now issued a conditional offer letter. I have phoned the client but he did not respond. Instead he is saying (via text) that he will take out IPC 420. Originally there was a contract made. The contract said very clearly that the deposit is non-refundable. Questions 1 - What can be or should be done? 2 - Should the deposit be returned? 3 - What defences can be put inplace? 4 - Please provide case law relating this. Experts please advise. Thank you for your comments in advance.


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 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 October 2015

As per the contract when was the client suppossed to submit the financial statements? The reason for issuing conditional offer letter?

When the contract clearly states that the deposit is non refundable,how can the client claim it? Conditions for making it non refundable?

The client can file a complaint u/s420ipc if there is a deficiency in service by the college or deviation from the contract.


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