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Request for Legal Assistance – Recovery of Advance Payment (₹1,41,600)


07-Apr-2026 (In Criminal Law)
I am writing to seek your legal assistance in a matter concerning recovery of an advance payment made to a service provider. We had entered into an agreement dated 30th September 2023 with Innovation Project Management Services Pvt. Ltd., New Delhi, for fund-raising services. As per the agreement, an advance amount of ₹1,41,600/- was paid via Axis Bank Cheque No. 243612 dated 30.09.2023. As per the agreed terms, in case of failure to raise funds, the advance amount was to be refunded
Answers (4)

Answer #1
855 votes
If the refund clause is mentioned in the agreement, then you can seek a refund easily. If the Company refuses to refund the advance money, then you can seek assistance of Court and in your case, your grounds will be strong.
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Advocate Jit Ghosh

Adv. Jit Ghosh

LawRato Howrah | 25+ Answers
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Answer #2
787 votes
If your agreement clearly states that the advance amount of ₹1,41,600/- is refundable in case of failure to raise funds, then non-refund amounts to: Breach of contract, and Unjust enrichment by the service provider You are legally entitled to recover the advance amount with interest and costs. Issue a formal legal notice demanding refund of ₹1,41,600/- File Civil Suit for Recovery If they fail to pay after notice, you can file: Money Recovery Suit If there was misrepresentation from beginning, you may also consider: Complaint under Section 420 IPC (Cheating) But use this carefully — civil recovery remains primary remedy.
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Advocate Shubham Agarwal

Adv. Shubham Agarwal

LawRatoHowrah | 50+ Answers
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Answer #3
530 votes
To recover your outstanding dues, you can choose between three primary legal avenues depending on the evidence at your disposal. Filing a civil money suit is the definitive route for financial recovery, but it involves a lengthy process and hefty upfront court fees. Alternatively, you can file a criminal complaint with the police or a Judicial Magistrate to create punitive pressure, though direct financial recovery is inherently difficult in criminal cases. If you hold a security cheque from the individual, presenting it and subsequently initiating proceedings under Section 138 of the Negotiable Instruments (NI) Act upon its dishonour is highly recommended as the most expedient and effective method to compel payment. In the absence of a cheque, you must weigh the immediate pressure of a criminal complaint against the slow, direct recovery of a civil suit.
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Advocate Soujanyo Pattanayak

Adv. Soujanyo Pattanayak

LawRatoKolkata | 25+ Answers
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Answer #4
583 votes
Legal Services Proposal I am Dipayan Dutta, an experienced Advocate & Legal Consultant specializing in criminal, divorce, and custody matters. I provide freelance legal services including case consultation, drafting pleadings, and strategic legal advice tailored to client needs. My services ensure timely, precise, and professional handling of your legal requirements. You can contact me Looking forward to assisting you. Best regards, Dipayan Dutta
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Advocate Dipayan Dutta

Adv. Dipayan Dutta

LawRatoSiliguri | 25+ Answers
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