Dear Client,
Your Vitim of cheating, File FIR, might police pressure compel him to honor the demand or refund.
Embezzlement of Advance payment
Dear sir, At first I want to thank to you for helping us .sir,I registered a properitership firm in delhi to run tender coconut business and I dealt with a Bangalore supplier for supply me tender coconut and for this, he demanded RS 21,000 booking amount for 10,000 pieces as a advance in which I can make order 10,000 pieces within 2 months and he is bound to provide me coconut at that rate or I can demand refund at anytime after deducting 1 pecent of booking amount(all these conversations are available at WhatsApp).I transferred the same from neft by my firm current account to his account(Account is on his name and he sent account details to me through whatsapp)but after transferring the money ,the person didn't send me receipt n everyday he manipulates his words by telling I am sending today n tomorrow.His mobile number and whatsapp is on and today he again said that the same that he is refunding the money.I have his voterid, his account n his father Account details,driving license(all he sent to me on Whatsapp),WhatsApp chat and some recordings.please help me sir what to do and how much time it takes to solve this .Thanks
Asked 6 years ago in Business Law
14 Answers
Issue legal notice to vendor to refund your money as he has failed to supply coconut as per the contract
If he refuses file Police complaint against him for cheating under section 420 of IPC
Don’t file any suit for recovery of money as litigation costs would be more than money sought to be recovered
Dear sir,
This is a case of fraud and criminal breach of trust. Firsy of all You'll have to register a complaint against the person concerned and then proceed further.
Regards
Thanks for reply sir, but sir I haven't transferred the whole amount, the deal was on receipt which he should have sent to me and with help of this receipt I can order 10,000 pieces coconut at booked price or tell him to refund the booked amount after deducting one percent of booked amount.I transferred the amount to him on 5th may 2018. Where should I go and what to do? Please clarify sir.
Asked 6 years ago
Whatever amount you paid, he embezzled and avoiding , File FIR at local Police station.
A complaint has to be drafted and presented to the police station which has the jurisdiction where your place of business or residence is located. The police will notify him and then we have to pursue the case.you don't have to go to his place...ie bangalore.
Since vendor has failed to supply you coconuts seek refund of money paid by you
Issue legal notice to vendor
You can file a case of cheating against him. He has committed breach of trust. You have also option of filing a suit for recovery.
First, send him a legal notice demanding back money or goods. If still he fails, file a recovery suit before appropriate court.
You can also file a police complainy against the supplier for criminal breach of trust, cheating and fraud, just to create pressure on him and you would also recover the amount paid by you.
So, you can send a legal notice to te said person for recovery.
If he fails to reply or repay within 15 days of the receipt of the legal notice, you can file a suit for recovery against the supplier for recovery alongwith interest
What do you want to do now, do you want to cancel the oral agreement and claim refund of the money given to him as advance?
If you dont trust him anymore, you can cancel the agreement and demand refund from him by sending him a legal demand notice.
The whatsapp chat messages cannot be used as evidence in the court of law however the money transferred to him by bank transaction can be used as evidence against him.
I haven't transferred the whole amount, the deal was on receipt which he should have sent to me and with help of this receipt I can order 10,000 pieces coconut at booked price or tell him to refund the booked amount after deducting one percent of booked amount.I transferred the amount to him on 5th may 2018. Where should I go and what to do? Please clarify sir.
First send him a legal demand notice and then plan to file a recovery suit at Delhi itself or can lodge a police complaint for cheating and breach of trust offence at Bangalore .
1. the debit entry in your bank statement can serve the purpose of receipt
2. if the coconuts are not supplied to you then you can lodge a police complaint at local police station for cheating
3. police cannot refuse to take your complaint on the excuse of jurisdiction as supplier is in Bangalore
1. Give him a Legal Notice to refund the amount or supply the goods within a limited time frame.
2. IF he vendor does not comply, THEN file Criminal complaint of cheating & intimidation at the local police station alongwith the available proofs.
Keep Smiling .... Hemant Agarwal
