Survottam (Director) 26 November 2009

Franchisee

My firm had taken a franchisee of a company headquartered in Bangalore. After making them the payment of full franchisee fees of Rs 5 Lacs (inclusive of 2.5 lacs as refundable business deposit) via cheque, the company didnot perform and failed to provide us with the services offered by them. We dont even have a written agreement with them. We then left the franchisee, and asked them for the total amount back. The company said that it would refund only Rs 2.5 Lacs which was paid as business secuirty deposit. Can I claim full refund from the company via law ? What legal steps can I take against the company for refund of full amount ?

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6 Replies

(Guest)

for claiming you must have receipts of paid amount.

SARITA SHIVARAMAN (service) 27 November 2009

Sir,

Firstly, you should ask the full amount verbally, if they do not agree, please file the case under 420 of I.P.C ( Cheating case ) before the Magistrate court or the Consumer court, for the deficiency in services.

Please do it urgently.

( Sarita Shivaraman )

Manager-Legal

Survottam (Director) 27 November 2009

Pls note we dont want to file a cheating case. We want to go through civil route. Pls advise civil ways of dealing with the issues.

(Guest)

Take back security deposit amount. For remaining amount request them. Generally in business they will take service charges. Even you can not file civil damages. You don't have any agreement.

Y V Vishweshwar Rao (Advocate ) 04 December 2009

1- The Amount paid as Security Deposit Rs;- 2,50,000-00 refundable - no dispute

2- Secodn Part of Rs;- 2,50,000-00 is paid for thr services offered by Comapnay - no services are rendered by Comapany as offered by Comapany - the Consideration for Services offered can not be kpet with Comapany - their entitlment for Cosnideration is only on thier rendering their services to you - if no Services are rendrered as offered by them - you ar eentitled for return of the second part also -you can file a Civil Suit -

3- However the facts of the case ( Services rendered or not ) to considered in detail - contact a local Lawyers and discuss with him .

Survottam (Director) 05 March 2010

Can we file a case of company liquidation ? The company is based in Bangalore and has a zonal office in Kolkata. One of the lawyers have suggested me to do the same for the entire amount. Pls advise.