Chetan Bendale
Asked October 05, 2016

Non delivery of goods

  • 4 Answers
  • 721 Views

I need legal help with company. I have order some item with company & pay them by check. But company did not deliver any item. The company number not working anymore .The company have ICICI bank account & I pay check through my ICICI account. So Can you tell me what should I do so I get my money back.

Answers 4

Dear Chetan Bendale

from the facts given, it seems that you had placed certain order of goods with company and in turn you deposited the cheque in favor of company which got cleared but goods are not delivered to you and neither company's number is functional any more.

you have two options for recovery of the money that is due to you. 

1st Option: file a summary suit under Order 37 of Civil Procedure Code

under this you can expect quick and speedy disposal of matter and that is the very intent of the summary suits

2nd Option: Since its a Company you can also file Winding up Petition against  the Company for recovery of your debts in Hon'ble High Court within whose juridsdiction, registered office of the Company is situated under section 433, 434 and 439 of the Companies Act 1956.( once winding up sections under new companies act 2013 gets notified jurisdiction of winding u matters will go to National Company Law Tribunal)

please fel free to contact me for further details 

reagrds 

Adv. V. J. Mehta

(9892530442) 

 

Agree Comment 0 Agrees about 4 years ago

You can also try contacting the company via the email address provided in the website for consumer service. If the company responds to your email complaint then it would save you from the legal proceedings.

However, if (i) the company has not provided any such email-id in the website; or (ii) the company does not respond to your email complaint you may send a ‘Notice’[1] to the company conveying your intention that if they do not settle the matter amicably, as desired by you, you will be left with no other alternative than to initiate a legal action against him. Although such a Notice is not mandatory, it is considered to be an advisable step before a legal action is brought as it motivates the accused party to act immediately so as to avoid further legal complexities. Such a notice can be given either by you or by your lawyer, but it is observed that the party at fault often provides relief and need of a court action ends, if the notice is sent by the aggrieved person himself, as it is less rigid. A copy of such Notice must be recorded for subsequent reference.

If you are not satisfied with the company’s response to your notice, i.e., if the company does not refund your money, you may file a complaint for compensation against the company before the District Forum[2], or the State Commission[3] or the National Commission[4], based on their respective jurisdictions and the present case, for deficiency of service under S. 2(1)(g) of the Consumer Protection Act,  1986[5]. In this case, the company has not adequately provided its service by failing to provide the product without any intimation or communication, additionally by not providing refund for the failure to provide such product. Hence, it can be evidently established that there has been deficiency of service on the part of the company.

 

[1] http://www.consumergrievance.com/icrpc.org.notice.htm

[2] S. 11 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1094200/.

[3] S. 17 of Consumer Protection Act, 1986; Available at: https://indiankanoon.org/doc/1749394/.

[4] S. 21 of Consumer Protection Act, 1986, Available at: https://indiankanoon.org/doc/86602/.

[5] Available at: https://indiankanoon.org/doc/1516524/.

Agree Comment 0 Agrees about 4 years ago

Default avatar
Anina D'cunha

The civil remedy for recovering money is Order 37 of the Civil Procedure Code, which allows a person to file a summary suit. One may also institute criminal proceedings (in the Sessions Court) against the company under the Indian Penal Code, 1860: criminal breach of trust (Section 405) or cheating (Section 415). One can even file a consumer complaint in a Consumer Forum. It is important to keep proof of the transaction (bills, receipt, correspondence) as well as to keep a record of the persons who you dealt with, since the company is no longer in existence.

Agree Comment 0 Agrees about 4 years ago

you can also file complaint in consumer court.

Advocate srivastava

9811405665

Agree Comment 0 Agrees about 4 years ago

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