• Money given without agreement

i planned to take distribution of a company located in mumbai and gave a deposit of 5 lakhs...i gave them a cheque on their company name.they said that they would be sending the agreement in couple of days...as the profile of the company is good and also as im giving the cheque on their company name i didnt object to it...after that they kept saying that they would be sending the agreement and also the business activity would start soon...it was getting postponed and its almost 3months now...they said as its election time their business is not at all good...i asked them to pay atleast bank interest for my 5 lakhs...they said they would do that but then didnt go....im not getting any response to my calls or messages....finally i even asked to pay back my investment so that i can look for other options...even then no response....im just getting worried....the only proof i have is the cheque i gave them on their company name....our message conversations...and phone conversations...when we go through the conversations we can clearly know that my money is with them for the business purpose....there are few msgs that state "you money will be in your acc tomorrow...agreement would be sent to u in couple of days".....please advise....thanks in advance!
Asked 2 years ago in Business Law from Hyderabad, Andhra Pradesh
1. It appears that you are defrauded and duped tp part with the said five lakhs rupees.
2. In that case do immediately send them a legal notice asking for return of your money within a specified period of time.
3. on expiry of the said time file a civil suit for money.
4. To put more pressure do file criminal case of cheating as well.

Do not waste time anymore time.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Ok, do exhaust your all personal efforts before initiating legal recourse.
2. Do not pre-judge anything and just carry on with your personal efforts.
3.One month delay will not cause any harm.
4.If he does not respond then file case from your place along with interest.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) correspondence exchanged with the company would be material factor 

2) send emails /letter s to company mentioning that cheque of rs 5 lakhs was advanced as deposit for taking distributorship   and that although 3 months have passed no agreement has been entered into . 

3) if no reply received and inspite of personal efforts no agreement is entered into issue legal notice for refund .

4) file summary suit for recovery of money
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
instead of sending messages on whats app better send letters directly to company at its registered office by regd post Ad . better still get letters drafted by a lawyer . you need not send legal notice now .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
send reminders . response received after receipt of letters would show the real intention of the company . if no action taken on your letters then proceed legally for recovery of your dues
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. First file a police complaint for cheating you in the name of giving dealership,

2. File a Money Suit for refund of the money with interest, damage and cost from him.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Sending the cheque should have been preceded by an agreement. At first blush it appears that you have been defrauded by the company. If the agreement could not be sent by the company for any reason it ought to have returned without any delay the amount invested by you. The failure to return the amount bears testimony to the fact that the company has committed a fraud. 

2. Since you have emails/smses wherein it has undertaken to return the money you should proceed to immediately issue a lawyer's notice to company.

3. If amount is not returned even after lawyer's notice then file a suit for recovery of money and also file a complaint for cheating.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
you have already parted with money . if the company wants to defraud you it will deny any distributorship agreement was to be entered with you
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0

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