Legal Question in Business Law in India

I am from maharashtra. 1 .5 year ago I have booked machinery from 1 company in Gujrat. Cost of machinery is 25 lakhs.I had given advance pament 4 lakh. Company given me booking confirmation on leter head. There is mentioned that is order not cancelled in cicumtences. But due to some problem I had cancelled order. (Cancelled order after 1 month of booking) Now this company not giving my advance payment. What to do now?


Asked on 6/19/16, 1:18 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.06.2016

Dear Sir / Madam,

You may need to file a recovery suit against the Company in the local Consumer Forum.

Regards,

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Answered on 6/19/16, 3:03 am
Kanti Mohan Rustagi

Since you cancelled the order, the company has a right to claim damages. However, it will depend upon whether the Company started working on processing your order, did it require specific work to be done for your order, and how much is the damage and is the condition of non-cancellation just, proper and valid under the circumstances. We advice that you first send a legal notice seeking refund of your advance and then, decide upon appropriate recovery action. You may not be entitled to the consumer complaint as suggested in previous answer if the machinery was to be used for commercial purposes. Full facts therefore have to be ascertained.

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Answered on 6/19/16, 10:37 pm


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