• Breach of contract

I had signed a contract with a supplier for a business deal. The deal did not come to successful conclusion. The supplier keeps saying that they are going to return the funds but have not. 

The money was originally wired to his account and the contract was signed in June '20. 

I am located in NJ, USA. Please let me know if you can advise me on legal recourse. 

Digvijay Singh
Asked 4 years ago in Criminal Law
Religion: Hindu

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11 Answers

Issue legal notice to supplier to refund your money 

 

2) if he fails to refund your money file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

 

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

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

Don't worry.  You have lot of legal remedies to get back your money. 

One such method is to file a suit for recovery of money. 

To file and conduct day to day hearing of your case you can give POA to your near relative. 

Another option is to lodge a complaint with police online. 

Devajyoti Barman
Advocate, Kolkata
23247 Answers
514 Consultations

- Since,  the said deal not succeeded , then you can send a legal notice for termination of contract , and to refund the amount paid by you .

- If not refunded , then file a suit for recovery against that supplier after attaching the proof of payment etc. 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

Yes, you can make his complaint with Ministry of external affairs and send him legal notice for breach of contract. Kindly check the jurisdiction as per contract and give warning accordingly.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Yes. There is a solution. A suit for breach and specific performance of contract should be filed. Damages should also be claimed.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You may have to resort to legal recourse if the contractor/supplier is reluctant or showing hostile  attitude.

You can issue a legal notice mentioning  his lapses and breach of contract conditions  due to which the contract stands terminated.

You can demand him to repay the mount held by him immediately with interest from the date of receiving the said amount in his deposit.

Subsequently, you can initiate legal process for recovery of your amount through court of law.

 

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

1. Serve a lawyer's notice initially to the supplier to seek the refund of money paid to him.

2. If he does not accede to your demand then file a complaint for criminal breach of trust and get the FIR registered against him under Section 406 IPC.

Ashish Davessar
Advocate, Jaipur
30776 Answers
972 Consultations

Dear Digvijay Singh

You have two options, one is civil, and the second is criminal.

For Civil, you may issue a legal notice through your counsel and claim your money back with interest and compensation for the delay. you have to pay the court fee for filing a civil case.

 

For Criminal, you may file a complaint against him/her before the police and a case under section 406 of IPC may be registered against him/her.

 

your personal presence may be exempted and you may proceed online if your presence will be required by the civil court. 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

Dear sir,

You can get issued a legal notice through a lawyer in India, demanding the payment and calling for negotiation. 

It would be great if the dispute is settled outside court. 

However, if he does not pay the money, you will have to institute a civil suit for breach of contract and recovery of money through an advocate. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You can seek specific relief act and seek your money back through suit. 

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

sir I hope you have clauses regarding the cancellation of the deal in the contract you signed. anyway, you can  go to civil court or in arbitration for recovery of the  money and if you have any provision in the contract then you can use that also.

Gopender
Advocate, New Delhi
384 Answers

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