1) issue legal notice to company to refund your money with interest

2) if company fails to pay file summary suit under order XXXVII of CPC to recover your money with interest

3) also file police complaint of cheating , criminal breach of trust under section 406, 420 of IPC against company

1.I hope that you have written proof of giving money to the company.

2.If it is there then you can file a case of cheating and criminal breach of trust against the director of the company orthe person who took money on behalf ofthe company.

3.Additionally file a civil suit for recovery of money as well.

Hi, First you have to issued legal notice ask them to repay the amount and if they fail to repay the amount then you have to file suit for recovery of money.

2. As you have to file the suit for recovery of money with in 3 years, otherwise suit is barred by time.

Send a legal notice for recovery of your dues. In case they fail to repay you back your dues, lodge a money suit for recovery of the amount that in due. Simultaneously, also lodge a FIR against the co. for having duped you of crores of your hard earned money. Book them for cheating and criminal breach of trust.

Hi

Since the automobile company is not able to commence their operations , it is entirely their fault and that the money paid by you as deposit now has crystallized in to a debt payable to you.

The options available to you are

Option a) File a summary trial suit under Order 37 CPC in the District Court.

Please note that Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit and once the other side acknowledges that it is debt , the court within time frame of 6 months is bound to decide the case in your favour and you can recover the money faster unlike Civil suits filed under other sections of CPC.

Option b) Commercial court (fast track)

Since yours is a commercial dispute and the amount involved is about Rs1Crore, you can file the petition in the Designated commercial court in your district. Commercial courts are generally fast track court for purpose of speedier dispute resolution

Option c) Option C is applicable if the automobile company is a Limited company.

You can file a suit under section 7 to 9 of The Insolvency and Bankruptcy Code,2016 as the Insolvency and Bankruptcy code provides for filing of winding up of companies for their inabilities (read refusal) to pay debt before the appropriate state bench of National company Law tribunal.

All the above options are proposed considering that

a) speed is the essence of redressal of your grievance and

b) Cost of litigation is minimal in terms of court fees.

c) Appeal procedures in Option B and Option C are generally in favour of you as the automobile company needs to pay 50% of decreed amount in case of filing appeal

Hope this information is useful.

You may first send a legal demand notice demanding the money paid by you and follow it up by filing a money recovery suit.

In the money recovery suit you can attach his properties by filing an application for attachment before judgment for the purpose of security.