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Amount due as per credit note. How do i recover the amount?
26-Mar-2023 (In Recovery Law)
Broker is not paying the discount extended to me by him via a credit note. I bought a property around 1.5 years ago wherein I got a total discount of 4% out of which 3% was given to me as a discount by the builder and the remaining 1% was given as a credit note by the broker.
It has been 1.5 years that I have been chasing the broker but he is not giving me the amount due as per the credit note - the amount is around Rs. 1 lac.
What can I do now? The property is in Gurgaon and I stay in Mumbai. Can I file a case against the broker in Mumbai?
No, the Mumbai courts will not have any jurisdiction in this matter as neither the broker nor the property is situated in Mumbai and nor any cause of action has arisen in Mumbai.
We can file a suit for recovery in the court at Gurgaon and since the amount is not very big, may be even issuing a Legal Notice for the same to the broker may suffice and the amount may be recovered.
In case the Legal Notice does not get you the desired relief, i.e. your payment is not recovered post the Legal Notice, the the next step would be to file a suit for recovery in the concerned Civil Court.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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