• Refund Claim from Cox and Kings

I booked Europe Trip with Cox and Kings which they cancelled and they informed that they will refund the money. Now insolvency has been declared. I have the below queries:

1. Do I fall under operational creditor or financial creditor?
2. If I claim as a operational creditor will the chances of my refund reduce?
3. Can I use the same logic of DHFL case to get elevated as Financial creditor?
4. Which form should I fill in Form A, B, C etc?
Asked 6 years ago in Civil Law

3 answers received in 30 minutes.

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11 Answers

You are operational creditor 

 

2) it depends upon extent of loans taken by company from its financial creditors 

 

3) fill in form B 

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

Supply of service, - operational creditor.

OC claim will decline.

But in individual capacity, you may consider as financial creditor, submit on that base only, max your status may convert into operational creditor.

Form C.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You are neither a financial creditor nor a operational creditor. You are simply a customer. 

As an exception, home buyers are classified as operational creditor by supreme court. They can now take part in resolution process. 

Your claim will be settled only after settlement of claims of all financial and operational creditors.

 


You should file your claim by filling Form F for other creditors with the resolution process. However, how the claims of consumers who had paid advances to the company shall be processed , is still a grey area and is  under consideration .

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Yes

2  no

3. Yes. 

4. B

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. Operation Creditor , because the debt has arisen out of provision of services which you have paid.

2. The chances of refund depend upon the liabilities of the company. 

3.Yes

4. Form B

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Hello,

You are financial creditor and can file a case in NCLT to get your money back. You can also found a consumer complaint case in consumer forum to get the refund and compensation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. You are operational creditor.

2. Yes surely if the company is found to have enough recourse to pay the debt of OC like you.

3. No

4. Seek the public notice published in national news papers. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

An operational creditor, under Section 5(20) of the IBC, has been defined as follows- 'Any person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred'

 In order to ascertain whether a person would fall within the definition of an operational creditor, the debt owed to such a person must fall within the definition of an operational debt, which under Section 5(21) of the IBC, is as follows- 'A claim in respect of the provisions of goods or services including employment or a debt in respect of the repayment of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority'.

Financial and operational creditors are different in the sense that their liabilities arise from different origins. ...

In simple terms, any person who has a 'financial debt' owed to him under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 is a financial creditor.

The Code defines financial debt as follows, 'A debt along with interest, if any, which is disbursed against the consideration for time value of money and includes:

  • Money borrowed against payment of interest
  • Any amount raised by acceptance under any acceptance credit facility or its de-materialized equivalent
  • Any amount raised pursuant to any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument
  • The amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the Indian Accounting Standards or other such accounting standards as may be prescribed
  • Receivable sold or discounted other than any receivable sold on non-recourse basis
  • Any amount raised under any other transaction, including, any forward sale or purchase agreement, having the commercial effect of borrowing

 

From the above it can be seen that you may fall under the category of operational creditor.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

you are financial creditor you can initiate the action against the debtor by filing a petition in the NCLT.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Hi,

In the present case you are under the category of operational creditor and you need to fill the form B. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You fall under category of operational creditors. 

It depends on liquidation proceedings 

Yes you can use logic of DHFL to elevate as financial creditor.

You should file form B. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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