Legal Question in Consumer Law in India

cause of action

i had made an agreement with the sumon motel . i invested rs 125000 and company was bound to give me 11% interst and 150% of RS 125000 after five years. company neither provided interest nor my amount mentioned above. and as per CPA 2 years of limitation already elapsed i didnt send him any notice of debts acknowledgement. if i send notice to him and company does not send reply will it be recreation of cause of action ? so that i can file complaint in consumer forum.


Asked on 7/14/07, 10:45 am

4 Answers from Attorneys

Re: cause of action

Yes you can file complaint.If you send and served the company by a notice and the company does not comply with the notice then you get a cause of action to proceed against the company/person and this is irrespective as to whether company send you reply or not.

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Answered on 7/14/07, 1:40 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: cause of action

good morning

you may file a civil suit regarding your investment concern and contractual liability as you are in time limits of the agreement

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Answered on 7/17/07, 1:18 am
Raghavendra Rao Yakama YRR

Re: cause of action

The Limitation will arises depending upon the terms of the contract.

As the period of agreement is for 5 years, you are within the period of Limitation. As the Sumon Motel failed to send the interest as agreed you may break the contractual liability by sending registered notice and the period of limitation will start from that day onwards.

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Answered on 7/16/07, 8:14 am
G. M. Gupta gmguptaandassociates

Re: cause of action

very simple ...... though u might have exausted ur limitation of 2 years but interest option is keeping it alive.

you are adviced not to send any letter or notice by urself and get it prepared stratagically by a good lawyer. your limitations can be revived but dont waste more time.

For further detailed advice please consult in person. Consultation charges will apply.

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Answered on 7/17/07, 3:04 pm


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