Stop payment

Sunil (Querist) 29 October 2012 This query is : Resolved
I bought a boiler from a company in Mumbai. The order was placed for 400 Kgs/hr steam producing boiler.

Before the boiler was dispatched to me, I had gone and shot a video of the boiler at his plant outside Mumbai. Now he has supplied me a boiler which is smaller in size! I have the video to prove this.

I have issued him a post dated cheque. In view of this fraud, can I "Stop Payment" to this party? I have also paid him some advance. How do I recover that?

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Raj Kumar Makkad (Expert) 29 October 2012
Immediately issue a legal notice to the supplied intimating him the entire facts related with the matter and further that you are dispatching back the boiler and so the supplier should not deposit the mentioned cheque with his bankr and you should also intimate him about the stop payment so that you may become on safer side.

V R SHROFF (Expert) 29 October 2012
Agreed with Shri Makkad.
Act Fast.
First Stop Payment, and inform supplier abt it, not to deposit cheque, with reason of defect in boiler size. Rtd boiler, as rejected.

Sunil (Querist) 29 October 2012
Thanks for your responses. The trouble is I have already given him some advance. How do I get it back?

Sailesh Kumar Shah (Expert) 29 October 2012
Mention in the notice about advance and also demands to refund the same.

Deepak Nair (Expert) 29 October 2012
You are rightly guided by the learned experts above. Issue a notice stating all the facts and inform that the payment is stopped due to this reason, and ask for refund of advance. You can also demand compensation/damages for the expenses incurred by you.

ajay sethi (Expert) 29 October 2012
agree with experts

Guest (Expert) 29 October 2012
Initiate action without any delay as per advice of the experts.

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