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Lakhbir Singh   22 May 2024

Franchise fees refund

I am in process to bought a franchisee of a company and paid 2 lakh out of 4 lakhs on 14 nov. 2021 but after 2 days on 17th nov. I met with a major accident and still under treatment about which informed verbally to company owner well on time right after accident . Agreement already signed by me online . But now unable to pay the full amount and want refund of my 2 lakhs from the company. Agreement says that the fee is non refundable.

The owner committed two times to refund the amount but later on not refunded by giving some other excuses.

Is there any possibility to get my money back?



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

You issue a legal notice narrating the entire events that took place after signing the agreement including the information to them about the accident you met and their side acceptance to return the advance amount etc

Demand return of the advance amount. 

If they acknowledge the receipt of amount then the limitation period will start afresh from the date of their acknowledgement. 

If they don't respond then perhaps you may not be able to recover your money because it is barred by limitation. 

Lakhbir Singh   22 May 2024

I have acceptance in written form from the owner of the company as a WhatsApp message. Does it work as acknowledgement?

T. Kalaiselvan, Advocate (Advocate)     22 May 2024

Yes this also will be a strong evidence in your side,  you can proceed legally if he is not returning the amount on oral request 


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