Legal Question in Business Law in India

Pls help how to go ahead to claim refund

I have deposited Rs20000/- on 10/01/1994 for priority registration of a car with the manufacturing company's authorized dealer. The company claims to have send me a RECEIPT-CUM PRIORITY CARD(RCPM) but the same i have not received or i have misplaced no idea. This month i have sent an email to the company to give back my advance with reasonable interest, it had replied ''As of today, as per our records, the booking remains unclaimed and treated it as lapsed claim.Now the amount claimed is barred by law of limitation and the company is not liable to refund the money.''


Asked on 11/12/08, 10:48 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Pls help how to go ahead to claim refund

They may be correct in some respect. But now since they have admitted that your money is with them on record, you may better approach the District Consumer Court of your area for appropriate relief, pleading inter-alia, that you had a continuous cause of action and that the claim not stale which can be defeated by limitation laws.

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Answered on 11/12/08, 5:55 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Pls help how to go ahead to claim refund

They may be correct in some respect. But now since they have admitted that your money is with them on record, you may better approach the District Consumer Court of your area for appropriate relief, pleading inter-alia, that you had a continuous cause of action and that the claim not stale which can be defeated by limitation laws.

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Answered on 11/12/08, 5:55 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Pls help how to go ahead to claim refund

You may file complaint in consumer forum.

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Answered on 11/13/08, 6:57 am
Nasir Butt Nasir Law Associates

Re: Pls help how to go ahead to claim refund

Petition may be filed in Consumer Court.

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Answered on 11/13/08, 11:24 am


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