Refund required goods not delivered
Kiran
(Querist) 19 April 2012
This query is : Resolved
Hi, I was wondering whether you could help. I am a business based in the UK, I ordered a Lathe Machine for a client of mine through a company based in Ludhiana. The money was sent in 2 stages initial 50% then a further 50% when the machine was complete. In total it was roughly £3000, I have emails from the company to say they received the transaction and the machine would be delivered. This has not been the case and now I require my money back.
The bizarre thing about this is I contacted a family member based in Ludhiana to act as a middle person however I believe that he contacted the company on my behalf and arranged for the company (in India) to transfer my money over to him to his personal bank account.
I still have no machine and want my money back. I would like some advice on how to go about this through the legal channel.
Thanks
Devajyoti Barman
(Expert) 19 April 2012
You can file a suit for recovery of money which is to be filed in the Indian court having territorial jurisdiction over the address of the Company office.
Alternatively you cab file criminal case for cheating, fraud etc as well.
Raj Kumar Makkad
(Expert) 19 April 2012
It is better to bring the matter to arbitrator as per Arbitration and conciliation Act because the interest and compensation is also involved in the transaction which you have not mentioned in your query.
Shashikant V. Patil
(Expert) 20 April 2012
You have e-mail and correspondence between you and the alleged Co. You can lodge a complaint in Police station Ludhiana , where in the said Co. situtated.
M V Gupta
(Expert) 20 April 2012
It appears that you haven't entered into any contract of supply of the machinery with the Company. Therefore the terms and conditions of supply will have to be ascertained from the e mails exchanged. Mostly you may have to take legal action in India where the contract seems to have been made by you through your contact person in Ludhiana. Engage a senior lawyer at Ludhiana for necessary action.So far as Arbitration is concerned, it will be possible only if there is an agreement for arbitration in the e mails exchanged between you and the Supplier company. The angle of taking criminal action can also be considered by your Advocate.
R.RAJENDRAN
(Expert) 20 April 2012
First issue a lawyer notice asking for specific performance of the agreement or to return money with interest with in the specified period.
Anirudh
(Expert) 20 April 2012
I am afraid, all the Experts appear to have missed one important point.
The dispute is no longer between the buyer and the seller. Rather, the seller has already returned the money to the relative of the Buyer. The relative got the money credited into his bank account. Now the buyer has to get the money back from his relative (whom he says he appointed as his middle person i.e. authorised person). It is not clear whether the buyer gave any letter in writing authoriising his relative to act on his behalf. If so, naturally, he would have submitted that letter to the seller. On receiving such a letter of authority, the seller appears to have given the money to the representative of the buyer.
Thus, I do not think that there is any issue between the buyer and the seller any more.
Therefore, the question of issuing any legal notice to the seller asking for specific performance of any agreement may not arise.
