• Recovery of advance amount

I work for a company in Oman ,in sales . We received an order for supply of electric cables based on a quote from a delhi based manufacturer .We paid an advance amount to the company .Promised delivery was by mid december 2016 in Oman . Last 5 months or so we have been chasing the company for delivery of ordered goods or return of advance paid . Now the end customer whom we have deliver has informed us that they are no longer willing to wait as these materials are required for their shut down in April 2017 The company who has to deliver the goods mostly dont answer the phone , respond to mails . They once in a while make some commitments and then once again go into no response kind of situation Hence we want to explore the optiona of filing a case against the manufacturer for recovery of advance Pls advise how to move forward. Do we need to file the case in delhi as the manufacturer is based in delhi or else can we file the case against them in any Kerala court as both me and our management are from Kerala
Asked 7 years ago in Civil Law

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3 Answers

1)there must be jurisdiction clause in the contract

2) you can file suit in delhi if contract provided that in the event of dispute suit has to be filed in delhi only

3)file summary suit under order XXXVII of CPC to recover your money with interest

4) also file case under section 406, 420 of IPC for criminal breach of trust , cheating

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You first send a lawyer's notice to the company at Delhi demanding the refund of the advance amount with interest for the period till date.

If you dont find any response or the company is not cooperating then you may plan to lodge a criminal complaint for the offences of cheating agaisnt the company with the local police with a copy endorsed to the commissioner of police.

Alternately you can file a civil money recovery suit in Delhi where the company is located and the cause of action arose.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. You should first lodge a police complaint against the M.D./ Proprietor/Partners of the said firm/company bring the charge of cheating against them.

2. After that you can file a recovery suit against the said persons and also the Company praying for a direction upon them to refund the said amount with interest, damage and cost.

3. Since Oman is not an enemy Country, you can file the said suit and complaint as per law.

4. You shall have to file the case at the place where the cause of action arose i.e. Delhi where they had accepted the order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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