gajender kumar gupts 02 November 2017

Can i file a criminal complaint against company

I am a dealer of penna and Priya company I used to deal in only penna cements then in 2011 Priya company officials aproch me and offered that they will give more margins and I will earn more if I will promote their cement in my area then I took Thier dealership and sold huge quantity of cement.after one year they informed me that sinces due association of cement company policies they have created a separate account and deposited a part of discount under SSD account after more than three years of dealing I have requested them to settle my account and credit discount to my account they issued me a legal notice informing that there is no such SSD account and I am due of 164 thousand rs to them and they are intended to take civil case agnaist me for which I replied that company itself owe me discount s of more than ten Laks is rs and they are at liberty to file a case agnaist me
recent ly I have received a statement of company issued to another dealer on 24/8/2017 in which company gave huge discounts to dealer in SSD scheme and adjusted it on 30/7/2012 itself . I want to know does it amount to cheating can I file a cheating case agnaist company or should I file a civil suit . my no 8074556933

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6 Replies

Nitish Banka (lawyer) 02 November 2017

for a case of cheating the eelement of deception should be there....you need to elaborate more facts

Kumar Doab (FIN) 02 November 2017

You may show the agreement signed with you, discount structure, accounts, reply of the company and discounts paid to another dealer to your LOCAL lawyer for a considered opinion.

gajender kumar gupts 03 November 2017

company in cement trade will not give any discont structure in writing more over no SSD discount is reflected in my statement and on legal notices issued by me they have denied totally that there is such scheme in 2014 where as now in a statement issued by company there is mention of SSD scheme and it was credited to other dealers in 6/12 itself

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 November 2017

Dear Querist

total facts as informed you, is depend on the agreement/contract executed between you and the company, you can not say or claim that the company provide scheme to another dealer, hence you yourself presume that you are also liable to get that scheme.

gajender kumar gupts 03 November 2017

NADEM sir I am having copy of the statement issued by company which prove that company gave discount which doesn't reflect in my account and which ware credit ed to other dealers in 2012 itself

Kumar Doab (FIN) 04 November 2017

Trade Margins and additional discounts may be two different matters.

However you may show all docs, records and facts to your own counsel for a considered opinion.

If there is a union of traders, and it is willing to help then you may think of availing their support and at the same time be careful of setting of limitation if any in your case.