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Asif Iqbal Ansari (Proprietor)     21 March 2015

Refund of security deposit

We have started a Pharmaceutical distributorship business in Tezpur, Assam in October 2008. We have taken up a distributorship of one FINECURE PHARMACEUTICALS LIMITED from Ahmedabad, Gujarat. As per their terms and conditions, We had to deposit Rs.10,000/- (which was Refundable) with them as security. There was no EXPIRY or DAMAGE (on transport) SETTLEMENT. They had given us 100% assurance that they would help us for marketing of their products. But they never did.

Initially they had given us sole distributorship within a fixed territory of 2 districts of Assam. Initially, the business was fine but slowly they started growing pressure on us to purchase more and more products from them, no matter we could sell them or not. Gradually they insisted us to purchase a fixed minimum amount of products. After few months on their growing pressure to increase sell, we had to apply to them to increase the fixed area from 2 districts to 6 districts. Then they asked us to deposit again Rs.60,000/- (Refundable) as security. But the business in the new area was not as expected.

They slowly started to cheat us by sending CDs, film magazines in the name of promotional materials. They cheated us in several other ways. Then they started sending us bills against those promotional materials. We requested them several times not send those items. But they kept on sending and insisted us to pay around Rs.9,000/- for magazines and CDs. They started charging the expenses for the letters they used to send us.

Then, when we made subsequent purchases, we had to pay for the products in advance, then only after a period of 3 to 4 weeks they used to send us the products. These things happened for around one year.

Once, a local private nursing made complaints about their products which on intimating them they asked us to return the defective products. They never settled the same.

Then we decided to close the business with them. We intimated them about the same in writing. And when we asked them to refund our security, they started to avoid our calls. They never replied our mails, stopped responding to our phone calls. We have made numerous calls to them, have written several e-mails, posted letters, but they never replied and never refunded our security deposit of Rs.70,000/- plus other payments of Rs.8,000/- which was made for purchase of products. So, total amount of Rs.78,000/- was deposited with them. So, finally we have closed business with them since March 2010.

We met our local advocates, but they could not help us in this regard. Now, we would like to request everyone here to kindly help us and guide us to get the refund of Rs.78,000/- from the said pharmaceutical company. Our mother has been diagnosed with liver cirrhosis and is under treatment in ILBS, Vasant Kunj, New Delhi. So, we are need of money badly. Kindly help us  and let us know the procedure to get the refund from the company. Thank you and looking for a speedy reply.


 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     22 March 2015

Sir, Send a legal notice claiming your money and simultaneously file a complaint for cheating to the local police station ...... Regards Kapil Chandna Adv 9899011450

dr g balakrishnan (advocate/counsel supreme court)     22 March 2015

there is a clear breach of contract and fraud u/s 17 of indian contract Act, you can file FIR or private complaint before criminal judicial magistrate under whose jurisdiction you live...

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

In my opinion it is barred by limitation now, however, you may issue a legal notice demanding the outstanding amount as per the details and instruct them to return the same immediately, if they commit to payment or otherwise, you can proceed further with a civil money recovery suit against them based on the renewed limitation.

Asif Iqbal Ansari (Proprietor)     25 March 2015

Good evening T. Kalaiselvan Sir, presently I am in Delhi due to my mothers treatment. Can we send the notice from here? Or do I need to send them a final intimation to refund the money or else I am going to proceed through court? Kindly suggest me. Thank you for your precious time.

Adv S K Gupta (Advocate High Court)     03 April 2015

you can proceed from Delhi.

Ask for statement of account it will work as cause of action and try to bring the case to criminal side for recovery, because it is a company you will have to examine several things, civil courts dont have much jurisdiction on the Company you have to move to company law board. 

Asif Iqbal Ansari (Proprietor)     03 April 2015

Thank you so much Sir SK Gupta. I have a statement of account which they have given me at the time of leaving the business with them which shows the balance of Rs.78,000.00 with them. Sir, how much will be the expenses from my side to proceed with the case?

Asif Iqbal Ansari (Proprietor)     04 April 2015

Good evening T. Kalaiselvan Sir,

What is "limitation and renewed limitation" that you have mentioned earlier? What does that mean? What may be expenses if I proceed with a civil money recovery suit?

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