• Advance refund

I have ordered for a Engineering Machine for my factory. Paid an advance of 20% @ 3 Lac rupees by cheque. Later on i cancelled the order in writing due to scarcity of funds. Supplier is from Delhi. I have not place a PO but send acceptance on email for the order. They have spend some money for the foundation of the machine @ Rs. 70,000/- . I have requested them to deduct their expenses and refund the amount, which they have refused stating they have spend more than 3 Lacs. Can I get back any money ? If yes how much i can claim.
Asked 2 years ago in Business Law from Bilaspur, Chhattisgarh
it is necessary to go through the terms of contract to advice.

2)  acceptance by email is sufficient to prove that order has been placed . 
3) if seller has refused to refund advance amount on cancellation of contract file suit for recovery .
4)  the supplier will have to prove that he has spent more than Rs 3 lakhs on expenses . 
.
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
if you have once confirmed the order,to which we really do not have any about how much they have spend on further arrangement,they may send you notice and file civilsuit
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
they can file suit in delhi as part of cause of action has arisen in delhi . if supplier has incurred expenditure as alleged by them chances of recovery of any amount by you are bleak . suit will be contested by supplier and it will take years to be disposed of
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0

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