Order placed-neither supplied nor payment return back.

Querist : Anonymous (Querist) 29 February 2020 This query is : Resolved
Dear Experts,

I placed an order for supply of an "Item" from a foreign based Company" 18 months back. The company is also doing business in india. The owner of the company is staying in India. On several reasons the company neither supplied the "item" nor return back my money. Mail correspondence is there. The owner of the company agreed to return back my money, but failed to do so. The cost of the Item is rupees three lakhs ( INR) Shall I book a 420 case against him or not. So plz. suggest me, what I have to do.

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A customer placed an order for an item from a foreign-based company operating in India 18 months ago. Despite mail correspondence and the owner agreeing to a refund, neither the item has been supplied nor the money returned. The customer is seeking advice on whether to file a cheating case (420) or pursue other legal avenues. Experts suggest filing a police FIR for cheating, fraud, and breach of trust, or a private criminal case if the police don't act. Alternatively, a civil suit for specific performance or recovery of money is also recommended, and both criminal and civil actions can be initiated simultaneously.

ABDUL RAZIQUE (Expert) 29 February 2020
yes, may you file cheat case against the company and contract person. contact local lawyer with all documents.

Hemant Agarwal (Expert) 01 March 2020
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

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

Raj Kumar Makkad (Expert) 01 March 2020
Once you demanded the return of your money then the issue becomes civil and moreover you have not mentioned the ground based upon which the said company is unable to supply you the item you booked. It is wrong to conclude the malafide intention and fraud on the part of the company without having supporting facts.

File civil suit seeking specific performance as the owner in writing through mail has undertaken to return your money.

T. Kalaiselvan, Advocate (Expert) 20 March 2020
You have the options of taking action either through criminal law by lodging a criminal complaint against the supplier for cheating, breach of trust, fraud, high handedness etc., or through a civil court for recovery of money.
You can even initiate both the cases simultaneously, you can discuss with yor advocate and proceed on the basis of the suggestions and advises received on this.

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