Hi Samar, I’m Adv. Niharika and here is my take on your query.
Firstly it is not advisable to take such matters to the Court, they involve a lot of cost and time.
I’d suggest you hire a prudent lawyer and have him/her explain to that lady the consequences of not abide by the law. This way will deter the lady and she might then make the necessary amends.
If she doesn’t still abide, then he lawyer can send her a legal notice, this should get your work done, but if despite receiving a notice, she does not return your AC.
You can also send your staff to her address where she allegedly live and have your AC removed. But definitely keep in mind to only send women staff at her residence, as she being a woman will most certainly object the entrance of any male member of your company and it will only fetch you more trouble.
If all the above remedies fail, you can put both Civil and Criminal law into action.
The civil remedy will be of avail, especially when you have any record of the transaction with the customer, that is, any signed document, or copy of any payment mode, or any document which shows the stipulated time period for the services.
Then you can file a case for breach of contract under sec. 73, 74 and 75 of Indian Contract Act, 1872.
If you want to pressurise the lady then you can also file a criminal complaint at your local Police Station u/sec. 405 (criminal breach of trust), sec. 420 (cheating and dishonestly inducing delivery of property).
I hope this information is fruitful to you. If you have any further questions, you can contact me at
niharikalohan@yahoo.com
