Civil Procedure Code (CPC)

company not refund security amount

I owe the DSA of Sterling Holidays and Resorts India LTD in september 2019, and deposit the security amount Rs 100000(one lac only) through cheque.
In February 2020 I mailed for cancel DSA to company and dispatched all assets to company through courier at same time, and asked to refund the security amount, company persons said it will refund in 20 to 40 days. but due to lockdown they were not processed. after 1st unlock again I asked same, but they denied to process or refund the amount now and saying we have not any earning, so we will think about it later.
what should i do now

You should lodge a criminal complaint against the company as the security amount was entrusted amount and non-payment of it amounts to criminal breach of trust. Feel free to contact at for further assistance.

should I mail first to company that i am going to take legal action
Reply Mumbai : 9820174108

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/s, 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


If you want, you can.



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