Nancy Ranjeet
Asked March 07, 2017

Refund of money

  • 1 Answer
  • 186 Views

I paid for a training with Adept technologies in the month of May 2016. They arranged for a training but didn't inform me properly so I couldn't attend. Till date they have neither been able to refund my money or give me a training. I want to take legal action against them. Please let me know the process.

Answer 1

In the present case, you can redress your grievance by two measures i.e. either by Specific Relief Act or by Summary Suit for recovery of money. But, before I discuss this, I am assuming that the training programme was made under a contract and receipt of the payment made by you was also received. Section 10 of the Specific Relief Act, 1963, states that the court in its discretion can make the specific performance of the contract enforceable “when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief”. Or the other remedy would be invoking a Summary Suit under Order 37 of the Code of Civil Procedure, 1908, wherein the plaintiff seeks only to recover the debt or liquidated demand in money payable by the defendant, with or without interest, arising on a written contract.  

Agree Comment 0 Agrees over 3 years ago

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