I was entered into a verbal agreement with a vendor to research and develop a specific beverage for me and he charged me 64000 for that. Apart from this, he had agreed to manufacture the beverage for me upon the development of the product at a price of 100 rs per bottle for a total order value of 2lacs. For manufacturing, he charged me 50% of the order value (1,00,000+GST). Now the vendor wasn't able to develop the product for me and said the product I had requested couldn't be developed. So we asked him what is the alternative then, he that I could buy one of his ready products at a certain price but demanded an order quantity of around 300 kg summing to an order value of 4,87,000 and demanded 50% advance to begin order processing. I learned that he was charging me more than the market price so I asked him to reduce the price and he refused. Now I am asking him to cancel the deal and send me back the initial payment I had made that is 100,000+GST. But he is refusing to do that saying I have to buy a product worth the amount I had paid for the development of beverage. There was no sale agreement made stating the money will not be refunded. Can he withhold my money like that? Can I file a case against him?
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1) file case of cheating against vendor under section 420 of IPC for failing to refund your money although he was not able to develop the beverage for you
2) rely upon contract entered into with him for development of beverage , correspondence exchanged to make out a case
3) also file civil suit to recover your money with interest
Hi, First you have to issue legal notice ask him to refund the money and if he failed to repay the Same then you have to file suit for recover of money.
Dear Client,
On his failure to deliver what orally agreed, agreement assumes rescind and refund of advance. You can recover the same through court. Even criminal complain is valid for cheating and breach of trust.
you need invoke breach of contract by filing civil suit or suit for specific performance in civil court.
You can claim your amount back by filing suit for recovery
You can also file a suit for breach of contract for not fulfilling the agreement and can claim damages also
First of all, send them a legal notice through one prominent lawyer
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Hello,!
You can file a police complaint against him giving proof of payment that the person is cheated you in name of development and now he is not refunding amount and threatening.
In case police donot take complaint citing it civil issue which it is file a suit to recover the amount in civil court.
Dear Sir,
You are honest in your commitment and he has breached his contract. You seems to have paid the amount through bank as such you can get issue a legal notice for breach of oral contract and claim refund of money if not returned you can file a suit.
If the vendor is unable to develop and manufacture the requested product, then he has no business to force you to buy his other product as that was never the agreement between the parties
The agreement was for development and manufacture of the requested product
Now just because he is unable to fulfil his obligations, he cannot take advantage of his own wrong and compel you to buy his other product at a higher cost
This is like putting a premium on his default
Please lodge a police complaint and if need be you may have to file a suit in civil court
First try to sort the problem amicably though
What i see is complete arm twisting by this vendor to cover up his own default
Firstly since you have entered into a verbal agreement your case is weak in case you have made payment through online transfer or through any other mode you can recover the amount paid by you. Send him a legal notice for recovery of the said amount paid by you to him in case he refuses you can file a suit for recovery of money. Any mail conversations between you both in relation to the said transaction will make your case strong in absence of written agreement.
Since there is no agreement in writing between you both, you may have to rely upon the oral agreement only and send a legal demand notice for return of your amount held by him while you communicate your decision to cancel the verbal or oral agreement entered with him on the subject matter.
After that you can file a money recovery suit against him based on this legal notice and the reply notice, if any, issued by him.
Besides you may even lodge a criminal complaint against him for the offences of cheating, breach of trust, etc., before the local police station.
1. In the first place it is most unwise to enter into such transactions without executing a written contract.
2. Since there is no contract between both of you it will be very difficult for you to prove his liability.
3. He will deny his liability altogether.
4. Unless you have any email communications which can prove his liability it will be a losing battle in the court.
