• Get refund from a German company

Dear Sir / ma'am,

I am Aditya, for the purpose of work I had signed a contract with a german company and had paid them 10 000 E upfront. Because of the Visa issue, i could not go to Germany and cancelled the contract with the company. In this case, according to contract term I must get my paid amount back within 3 months of contract cancellation. I cancelled the contract in July 2014, accordingly I must get my money back in max Oct 201. But the company is just saying they ll give next week and so and is not giving me the money back. The company is pvt limited ( GmBH in germany ). I would like to knw what can I do. I wll really appreciate the help. 
Thanks,

Aditya
Asked 2 years ago in Business Law from Mumbai, Maharashtra
1) what is the provision in contract regarding resolution of disputes 

2) does it mention that in event of any disputes arising between parties it would be subject to jurisdiction of courts at Germany only? 

3) or is  the contract silent on said issue? 

4) contact a local lawyer . issue legal notice to company to pay outstanding  amount of 10,000 euros . 

5) then based on legal advice take recovery proceedings
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
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Hi,
If you have a clause in the signed contract that on cancellation of the contract, that the amount will be returned to you ,  then you should take a step to recover it.
 
Send a legal notice demanding the amount paid as per the contract agreed between you and the company.

Show the copy of the contract you signed to an advocate and see what the contract says about the jurisdiction and whether you can initiate a legal proceedings to recover the money in court in India.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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You can file civil suit for damages on breach of job contract in Indian Court itself unless there is specific bar of jurisdiction of Indian courts.
Devajyoti Barman
Advocate, Kolkata
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1. Contact the Export Promotion Council of India,

2. They extend their helping hand under such circumstances,

3. You may also contact the German Ambassy in India for assistance.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. The contractual terms have been violated by the German company.

2. Does the company have an office in India? What does the contract say with respect to the jurisdiction of the Indian courts in the event such a dispute breaks out? Is there an ouster clause?

3. You can file a lawsuit in an Indian court to recover your money if there is no clause in the contract which restricts the courts in India from dealing with any dispute emanating out of the contract. If there is an ouster clause the case can be filed in only a German court.

4. Show the contract to a lawyer to ascertain whether a legal action can be brought in an Indian court or not.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1) since contract is silent about jurisdiction you can issue legal notice for recovery of 10,000 euros 

2) if company fails to pay you can file summary suit for recovery of said amount 

3) you can contact any of the lawyers in mumbai for issue of legal notice and for filing summary suit under order XXXVII of CPC
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. Since the contract is silent on the jurisdiction you can issue a lawyer's notice to the company to refund your money. If the amount is not paid in spite of the notice from your lawyer then you can file a lawsuit for recovery in the court.

2. The court notice can be served through the Indian High Commission in Germany.

3. Many lawyers from Mumbai are on this portal. You may engage any one of them.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. I had known one of my clients who, under such circumstances, reported similar grievance to Export Promotion Council,

2. If there is no appropriate clause in your agreement regarding jurisdiction, then it may be difficult to get relief from the Court,

3. I suggest you to visit the Embassy to enquire about the matter and take further step on understanding whether the Embassy will take up the matter with the party or not.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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