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I paid Rs 15000 as advance to buy a granite mandir from a Rajasthan manufacturer whose details i found online.. I transferred amount on 28th July 2022 ..The merchant did promise to delivery in 20 days..he use to send photos of my item only when I call and ask for status..i am not seeing professionalism in him.can I get the advance amount I sent back?
Asked 2 months ago in Consumer Law

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10 Answers

Call upon manufacturer to refund your money for failure to supply granite mandir within stipulated period 

 

if he refuses file police complaint of cheating under section 420 of IPC against manufacture 

 

don’t file civil suit as legal fees would be more than Amount sought to be recovered 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

If you suspect his integrity then you can cancel the order and demand return of your advance amount.

If there's no response then you may adopt legal procedures for recovery of the amount paid to him.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You will certainly get advance back. Issue him a lawyer's notice  seeking refund with interest and after that file consumer complaint in District Consumer Commission under the new Consumer Protection Act, 2019. You will get your advance back with interest, compensation for mental harassment, cost of complaint and lawyer's fee. Place of jurisdiction is the place where the product is booked. You need not go to Rajasthan. Proceeding under new Consumer Protection Act, 2019 are very fast.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

1. Send a legal notice to the granite manufacturer to return your money forthwith, without any loss of time.

2.  If there's no positive response, complain 

against him to the jurisdictional Commissioner of Police/SP of particular place in Rajasthan through online website.

3.   File a case against him in the District Consumer Forum to recover your money.

U R Welcome Sir.

Shashidhar S. Sastry
Advocate, Bangalore
4356 Answers
258 Consultations

5.0 on 5.0

Yes you can. Ask him to refund the amount if he has crossed the deadline. Send a legal notice.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Dear client,  The refund or forfeiture of earnest money is governed by the sale agreement executed between the seller and prospective buyer. If the agreement mandates forfeiture the seller can forfeit it, but if it does not then the buyer is entitled to the refund of it in entirety. In case the agreement is silent on the aspect of refund/forfeiture of advance deposit, it is to be deemed that the same was to be forfeited incase due to the faith of the proposed buyer the sale transaction couldn't be completed due to any reason whatsoever.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Yes ask him to pay you the advance back else file consumer complaint and 420 IPC complaint

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

As he has failed to honour his commitment, you can send a legal notice to him asking him to repay the entire amount paid by you owing to his breach. 

 

Siddharth Jain
Advocate, New Delhi
6098 Answers
101 Consultations

5.0 on 5.0

- Since, you have paid the said amount by way of online mode , then you can recover the paid amount with interest from him legally. 

- You can send him a legal notice for getting refund the amount . 

- Further, if no response, then you can file a compliant before the Consumer forum of your area or even can file a recovery suit before the court. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Do not jump to any conclusions now. The work may be delayed. Talk to the merchant and ask him to share pictures of the work in process. If he avoids any communication, the danger signal is on. You may then take appropriate steps.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

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