• Customer not paying for last 12-14 months

We have supplied electrical cables to one Contractor in Kolkata. He is not paying us, irrespective of several call, which are not answered. Only when " action " according to law threat are given, customer give a date, which was  never kept.
The contractor is doing good business with top builders in kolkata.
What type of cases we can do on him, to get our money .
In Nov he gave a cheque which bounced, immediately. But he promised to pay within Jan 2016, but none.
Asked 9 months ago in Business Law from kolkata, West Bengal
1. You can file civil summary suit for recovery of money.
2. The suit for recovery of money can be filed in high court as well if the amount is more than 1 core.
3. You can file criminal, case for cheating as well.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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When he had given you a cheque which had bounced on presentation to the bank you should have initiated the process of filing a criminal complaint for cheque bounce. This being a criminal prosecution was a very potent weapon of law in your hands, which you have lost now. Now the only remedy is to file a suit for recovery of money with interest against him. No criminal remedy survives to you now.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) issue legal notice to contractor to pay your outstanding dues

2) if he fails to pay file summary suit under order XXXVII of CPC to recover your money with interest 

3) you cannot file cheque bouncing case now as cheque was dishonoured in November and no legal notice was issued within period of one month 

4) further you cannot represent cheque now as validity of cheque  is only 3 months 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1) you can also file police complaint of cheating against the contractor 

2) if police refuse to register complaint file complaint before Magistrate under section 156(3) of Cr pc to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1. Have you collected a fresh cheque in place of the cheque  which was bounced? If not then file a cheque bouncing case u/s 138 of N.I.Act (if there is still time for that),

2. If he refuses to pay his debt, file a Money Suit claiming refund of the amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. There are two ways to get back your money,

2. The first one is filing cheque bouncing case u/s138 of N.I. Act and the other one is to file Money Suit for recovery of your money as suggested in my earlier post,

3. Both the cases can be filed together.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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The contractor is doing good business with top builders in kolkata.
What type of cases we can do on him, to get our money .
In Nov he gave a cheque which bounced, immediately. But he promised to pay within Jan 2016, but non
You have to file cheque bounce case immediately after representing the cheque once again within three months from its original date.  On the basis of evidence for supply of materials, you can issue a legal notice demanding payment failing which you may drag him to civil court for recovery of money.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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please inform, law as per Indian law, where such defaulting contractor/Customer who does not pay for the goods that they have purchased and we have paid VAT and income tax for the invoices., be punished.
Punishing is not important now, the recovery of money is very essential. 
If you want to punish him, you can lodge a police complaint against him for which he will run to make payment.  
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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