The best way to recover money with compensation is consumer complaint. You can also file FIR against him for penal provision along with consumer complaint for deficiency of service
Delhi based data cable manufacturer took advance and later did not deliver the order
I want to take a legal action against a proprietor of Delhi based one cable manufacturing factory who took 15000 in advance (50% of total order value) for order confirmation from my end and he promised that he would deliver the order within 7-10 working days from the date of advance payment. Although, it had been more than 25 working days since advance payment from my end, he hadn't even started and during those days upon inquiring through phone calls, every time, he was simply hurling wrong statements, giving different timelines which were later proved to be fake only and completely fake promises like 'your order would be surely delivered by this date and so on'. I waited till one month since the date of advance payment, later I asked him to cancel the order and return my advance payment of 15000/- which he agreed to pay within a week from date of cancelling the order and even in returning the said amount also, he again started giving false promises and not at all returning the money despite repeated warning of severe actions to be taken against you if you won't return. Later I asked him to give his correct factory address in writing, that also he is not giving as address of his factory whichever he has mentioned on some of the platforms has been changed. on phone also, orally he is simply giving false statements about his correct factory address. Legal notice was also sent to his factory address available on different platforms which also he refused to accept and returned. On his wtsp no also, I sent that notice to which he responded rudely so finally I want to take legal action against him and want to recover said amount with all other damages and at the same time want strict police action as well for cheating, dishonesty and fraud and he hasn’t provided me any receipt of advance payment or any kind of PI, so can I file recovery suit and run the case at Surat court or it would be in delhi court only? And also want to take criminal actions against him, will I have to file police complaint at Surat police station or at delhi police station or should I file at cyber crime branch of both surat and delhi police? My location is Surat city whereas his location is delhi. I got his contact info on indiamart.com and this was the first time only we just talked over phone and finalized the deal.
Asked 3 years ago in Civil Law
13 Answers
Dear Client,
You may first send him alegal Notice and then file case for recovery for the same.
File poluce complaint against club manufacturer for cheating , criminal breach of trust
2) also file complaint before consumer forum and seek orders to direct supplier to refund your money with interest
3) also claim litigation costs and compensation for mental torture undergone by you
If you want to give a complaint to police effectively then you may better lodge the complaint before Delhi police.
However you can file the recovery suit at Surat because the cause of action has taken place in Surat.
You are going on a right path, you may proceed.
Please file civil and criminal both cases against your opponents at Surat.
No need to travel to Delhi.
The facts of your case action against your opponents civil and criminal both under the jurisdiction of Surat Court and Police Station.
A criminal complaint must be lodged against him for fraud and forgery.
A consumer complaint can also be filed in the consumer forum for unfair trade practices.
You have to find the case under section 420 and 406 of Indian penal code in district court
File a written complaint to surat police.
They will bring him down. You will surely get the money and damages back
You can file recovery suit in court of surat and also lodge FIR against him for fraud on ground that he have given false information on Online platforms and commit fraud with you after taking money.
You can take all the action at Surat City as the cause of action arises at Surat ,please also make Indiamart a party in all your complaints to the police or in recovery suit.Better is to file a case before the consumer court for deficiency in service.
Dear Sir/Madam,
You are suggested that you may file the recovery suit at Surat Court itself and file the police complaint as well for cheating, fraud etc. at Surat Police Station because you are resident of Surat.
You can send a legal notice to start the legal proceedings. Consumer complaint can be filed later on along with a criminal complaint against the service provider or a civil case for recovery as the fact of the case may demand can be substituted.
- If you have already send the legal demand notice to the said manufacture , then if no response then file a Recovery case before the court in Surat , as you have both jurisdiction to file a case against him , and claim compensation also for the harassment.
- Further if ordered the said cable for personal use , then you can file a complaint before the Consumer forum in Surat as well.
- Further , you can file your complaint in Surat as well.
