• Regarding fraud done by machine supplier/trader

I am Nishant Soni 36 year old .
 Sir, I have taken loan of 20 lac.Rs under PMEGP Scheme .I met with this 2 Fellow(Aniket patel n Rajnikant patel) in ahmdabad who are Project machine Trader for Packaged Drinking water.I have paid them Rs 1950000/- to them ie 100% of the project value as per Qutation.But they have sent me only processing unit which is 40 % of the turnkey project.Main machine i.e packaging machine is yet not dispatched.They are postponing the dispatch from 1 Yr.Sir I am facing many losses due to this delay. Kindly suggest What to do?
Asked 6 years ago in Business Law

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10 Answers

See you have to give them a notice to send the main machine if on notice they fail then you have to file suit to recover the amount and can file a police complaint against them.

Also alternatively you can make a reference to the MSME council for the delay .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You must have given them money through cheque. You have ample proof. File a criminal complaint for criminal conspiracy, criminal breach of trust and cheating against these two.

Also a civil suit for recovery of the money should also be filed.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Issue them legal notice to supply packaging machine 

 

2) file police complaint against them for cheating, criminal breach of trust for failure to supply machine 

 

3) also sue them for damages for failure to supply the main machine 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can send them a legal notice and then file a suit for specific performance for damages and Compensation.  You can also file a cheating complaint in police station

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File FIR, you have been dumped.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

you can file police complaint against them under section 406 420 of ipc. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Give a notice that if supply is not made within 10 to 15 days you shall file both criminal and civil case for fraud and cheating and also complain to police.

if they do not supply then start legal proceedings.

Alternatively you can cancel the part of the contract not performed and claim refund of the payment if any made in advance thereof.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... 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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You issue a legal notice not only demanding the machine but also the losses yo suffered so far due to their reckless and reluctant attitude.

Consult an advocate in the local and issue a legal notice immediately before it is barred by limitation.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear

You should serve them a legal notice through your advocate under specific relief act.

If he fails to comply with terms of notice then file a suit Under specific relief act to claim compensation of delay and specific performance for supply of machine.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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