Breach of Contract and Misrepresentation by pre-school Franchisor

536 votes

1. civil suit against franchisor seeking direction to support in terms of contract failing which recovery of deposit if any alongwith compensation in liew of mental and material inteasement. 2. May proceed with criminal proceedings for breach of contract and trust. It may be alleged to charge u/s 419,420,406,467&468 of IPC .

Advocate Shivakarn Vishwakarma LawRato

719 votes

From your facts, it is very clear that the Franchisor has breached the franchise agreement, and this can legally entitle you to: • Compensation for delay • Refund of franchise fee • Damages for loss of business • Termination of franchise on breach grounds • Legal action for deficiency of service and unfair trade practice But do not take any step without proper legal strategy. Why? Because if you send a wrong email or initiate a weak complaint, the company will immediately defend themselves saying: • “Operational delays were consented by you.” • “Training and support were provided as per availability.” • “No financial loss is proven.” • “Set-up is completed, so no breach exists.” This will completely destroy your case. Right now, you are in a legally strong position, but only if the documents, communications, and timelines are framed properly. What needs to be done immediately I will have to: Examine your franchise agreement carefully Analyse the timelines, payment schedule, and support clauses Draft a legal notice that puts them on the defensive Initiate a formal complaint under Consumer Protection Act (or civil breach action) Document all the non-responses, delays, and damages Secure your right to either: • enforce the support services, or • exit with refund + compensation If this process is done strategically, the Franchisor will be forced to respond. If you try to complain casually, they will ignore you just like they are ignoring your emails right now. You need to act fast The longer you wait, the stronger their defense becomes: • They will argue that you accepted the delayed opening • They will claim that support was given but you “did not utilise it” • They will say there is no monetary loss proven • They will show that you continued running the school, which weakens your claim Do not let that happen. If you want this resolved properly I can handle the entire matter for you: • Drafting of the legal notice • Preparing your evidence • Filing consumer/civil complaint • Forcing the franchisor to respond • Recovering refund or compensation • Enforcing support as per the contract All this can be done from home, including e-filing. Contact me privately before your case weakens any further. I will take over your matter fully. Adv. Vaibhav Sangam Mishra High Court – Uttar Pradesh Sangam & Sagar Law Office LLP

Advocate Vaibhav Sangam Mishra LawRato