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What to do if manufacturer not returning money back
17-Feb-2023 (In Civil Law)
My Mumbai based company had placed an order of a machine from a Punjab based company. The said order was of 6 lac and delivery period was 40 days as written in quotation letter pad of the Punjab company. Having paid the advance amount 2.5 lacs , the manufacturer could not complete the order in 40 days and thus this order was verbally cancelled. Even after persuading the manufacturer for 3 years the money is still not refunded back. Recently the manufacture has sold the machine without informing or any written permission from us. Please advice whether we can put a law suit in Mumbai as we don not wish to travel frequently to Punjab and also how should we receiver the said amount.
Yes you can file a recovery suit for claiming your money back, also you can claim damages for the same. Yes you can file the suit where the final acceptance of the contract has taken place.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear Sir / Madam
Based on the facts narrated by you according to me yes, you can file legal suit in Bombay. You should opt out for Summary Suit under provisions of Order 37 of CPC. In your suit you also will have to make out case for condoning delay.
For any queries or help feel free to contact me.
warm regards
ADv. Vinit J. Mehta
Based on the facts narrated by you according to me yes, you can file legal suit in Bombay. You should opt out for Summary Suit under provisions of Order 37 of CPC. In your suit you also will have to make out case for condoning delay.
For any queries or help feel free to contact me.
warm regards
ADv. Vinit J. Mehta
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Adv. Vinit Jignesh Mehta
Mumbai | 25+ Answers
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The act of company amount to deficiency in service since they had not supplied the machine by taking advance payment. Now you can give them legal notice for recovery of amount with interest rate. Regards
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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