Advance money return query

Mayank Jha (Querist) 24 April 2021 This query is : Resolved
Respected sir,
I gave some advance amount to a businessman for making my machines and received the receipts of the amount given.
Now due to corona crisis I withdrawal my project and have told the machine maker that I don't want those machines.
Sir how can I get my advance money back from him as he is now not even recieving my calls. I am having all his call recordings as evidences, all my mails sent to him , the receipts of my money.
Please solve my query.
Thanks

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Quick Summary

If you've paid an advance to a businessman for custom-made machines and now need to cancel the project, getting your money back can be tricky. The advice suggests that if the machines were made specifically for you, a settlement might be the best approach due to potential losses for the manufacturer. However, if the goods are standard items, you may have stronger grounds for a refund. Options include issuing a legal notice, filing a suit for recovery, or attempting an amicable resolution, especially if a significant amount of time has passed since the payment.

Dr J C Vashista (Expert) 24 April 2021
Issue legal notice followed by suit for recovery through a local prudent lawyer.

Sankaranarayanan (Expert) 24 April 2021
If the machine is made exclusively for your works then the manufacturer also would meet loss . if it regular moving product then you can claim back your money. Based on the quotation and order it will be sort out. So approach local lawyer and show all relevant papers and act accordingly

Advocate Bhartesh goyal (Expert) 24 April 2021
Actually you unilaterally can't cancel the deal and demand payment advanced to machine manufacturer. Better go for settlement.

ashok kumar singh (Expert) 24 April 2021
agreed with views of earlier experts.

thanks

Shilesh Patel (Expert) 24 April 2021
if the deal is canceled the manufacturer will suffer the loses so the only way left out is to go for settlement.

Mayank Jha (Querist) 24 April 2021
Sir it's 17 months completed since I had given him the advance payment. I m having my receipts of December 2019 and now it's April 2021.

Sankaranarayanan (Expert) 24 April 2021
Better to settle with the manufacturer by way of amicable quality . Loss occurred to both side

Pradipta Nath (Expert) 24 April 2021
Better to settle it amicably as there will be again court fees and other legal expenses you need to incur. If the amount is huge, may go for judicial recourse.

kavksatyanarayana (Expert) 24 April 2021
Please try to solve the issue amicably. Though you have receipts, the manufacturer tells you that he did it for you only.

Hemant Agarwal (Expert) 26 April 2021
1. IF such issues cannot be settled amicably, THEN file relevant suit in local Civil Court for recovery of your money with Interest therein and any pecuniary losses that you might have incurred. TRY this !

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

krishna mohan (Expert) 06 July 2021
You can issue termination notice due to delay in execution and seek for full refund. If no response issue legal notice and amical way not possible.

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