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 4 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.
im planning to meet him by going to mumbai and talk about this...if he doesnt respond properly...ill go for the legal notice...i explained everything here exactly the way it happened...do u think im at safe hands???will i b able to get back my money??? also if i file criminal case,can i do it in hyderabad?also if i wait for 1more month will there be any problem..coz i wanna try few other ways n see if he gives the back money...if nothing works i wanna send the notice..also,can i ask him to pay interest along with my 5lakhs???im worried...so keeping all the info and act if he doesnt respond...hope u understand my concern...thank u very much for ur advise
Asked 4 years ago
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.
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
Thanks Mr.Devajyoti Barman...
Mr.Ajay...after giving them the cheque,i came back and mailed the summary of our discussion to his(Director of the company) official mail id....then i asked him to check and send a formal mail...thats the only email i sent them....after that all our messages were on whatsapp...now that i already msged him on whatsapp asking him for refund,if i again send him an email,he might think im getting ready to send him a notice and im sending mails for proof...i actually dont know whats on his mind...i think the profile of the company is quite good and in business for last 15yrs r so...i want to get back my money with interest in a amicable way...notice,case is the last option...do u think it would be a good idea to mail him on his official mail id asking for refund???plz reconfirm...next,as im talking to the MD of the company directly and all our conversation is saved on whatsapp,will that serve as a valid proof....also i have a doubt...if that fellow really want to cheat me,he can raise a fake invoice...or do something that says im supposed to pay him money and try to prove hes innocent???can he manipulate anything here??? as i told,no transactions or signatures were done at all..except that i gave them a cheque....plz advise...
Asked 4 years ago
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 .
thank u very much...ill follow ur advise if he doesnt respond me even after a couple of days....could u also let me know if he could manipulate anything???
Asked 4 years ago
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
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.
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.
Mr.Ashish, I have msgs on whatsapp where they said that I would be getting the agreement n minimum amount(bank interest) as the business activity is yet to start...they kept postponing so I asked them to pay back my invested amount...now they r not responding...as advised above I'm gonna try for coupleof days n if iI don't get any response then I would send them letters to the company address... Just wanna know if he could do anything and manipulate..plz advise..
Asked 4 years ago
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