how to get money refund for unfulfilled order

I have ordered for a Engineering Machine for my factory. I paid an advance of 25% @ 4 Lac rupees by cheque. Later on i cancelled the order in writing due to scarcity of funds. Supplier is from Mumbai. I have not placed a PO but sent acceptance on email for the order. They have spend some money for the foundation of the machine @ Rs. 75,000/- . I have requested them to deduct their expenses and refund the amount, which they have refused stating they have spent more than 4 Lacs. Can I get back any money ? If yes how much i can claim.

Answers (1)

324 votes
It is necessary to go through the terms of contract to provide you the advice. Acceptance by email is sufficient to prove that order has been placed . If the seller has refused to refund advance amount on cancellation of contract you may file suit for recovery . The supplier will have to prove that he has spent more than Rs 4 lakhs on expenses in his defense.

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