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Nirali Nayak   11 June 2021

Breach of contract

Dear team,

I have contacted a seller for buying a puppy. I was asked to transfer 9000 in advance for the same. But after I paid the money the seller stopped taking my calls. And now I lost my money and didn’t even get the puppy. How we can take any action against that person? Please help.



 5 Replies

Dr J C Vashista (Lawyer)     11 June 2021

File a police complaint for cheating and fraud committed by the seller of puppy.

Besides this, you should move to District Consumer Disputes Redressal Commission for deficiency of service of the vendor. 

Sankaranarayanan (Advocate)     11 June 2021

without seeing puppy how you paid such amount by advance?. State the facts clearly.
File a  police complaint as pointed by expert.

P. Venu (Advocate)     11 June 2021

"But after I paid the money the seller stopped taking my call"!  What is the evidence for payment of money?

 

T. Kalaiselvan, Advocate (Advocate)     11 June 2021

You have two options before you, the first one to lodge a criminal complaint for the acts of cheating and breach of trust committed by the seller with the local police, the second option is to send him a legal notice asking him to either return the money or to deliver the puppy for which you have already paid the purchase amount, failing to comply you can warn him to initiate legal actions against him both through civil and criminal laws.

 

Vasundhara Singh (Student)     11 June 2021

Hello!  

Communication through phone is an instantaneous form of contract where the parties communicate through phone and the acceptance or renovation of the offer is done immediately.  the acceptance to offer becomes valid the moment the offeree assents to it. After proposal and acceptance, the contract becomes valid in binding. In the given case, you have mentioned that you contacted the seller and accepted to buy the puppy which shows that there was an existing contract and you have performed your part of the contract by paying the advance money.   

You can sue the seller for breach of contract and file a suit in civil court for specific performance of a contract to force the other party to perform their part of the contract under Section 10 of Specific Relief Act, 1963.  

Proceedings can also be started in a criminal court by filing a complaint before the police under Section 420 of IPC which deals with the provisions related to cheating but in case of this, it will have to be proved that the seller had the intention to cheat you and he did not intend to perform the contract from beginning itself.  

Regards  

Vasundhara Singh  


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