Legal Question in Business Law in India

I am a nepalese citizen and over the net I saw a machine a ordered a company in india . I have paid him 75 % of the money through bank in installments for machine and now he is nither giving my money back and nor delivering the machine.

I spoke to the police and give an application but they are not serious in it its been 6 months and that company directors have closed all addresses given. Only his cell is on

Is there any international law which can protect me and force the police to help me recover my money .

Is there any law in india which protects foreigner's money which doing business in india like cheating ...

Can I file this case by my self if there is any such law.


Asked on 9/02/15, 8:34 pm

3 Answers from Attorneys

Vivek Mapara Vivek N. Mapara

Dear Sir

From the facts stated by you, this appears to be a case of Scam and Cheating, punishable under Section 420 of the Indian Penal Code and under Section 66 of the Information Technology Act. I would like to review the application given by you to the Police Authorities, to gather all the facts.

There is no specific international law or treaty for this, but local laws will prevail. You need to pursue legal proceedings of filing the Case against this company. This can be three mode (1) Criminal Compliant u/s 420 & Section 66 of IT Act ; (2) Suit for recovery of money , breach of contract, damages etc. ; (3) Since you mentioned this is a Company, then you can file a Winding Up Petition, post issuance of notice.

If you provide me with all the details, perhaps, i can guide you the better way and assist you to file these proceedings in the Court.

If you like to speak to me directly, you can contact me on my Email Address or website

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 9/02/15, 9:18 pm

you have to approach chamber of commerce of nepal for cheating,as well as chamber of commerce in india. you also approach embassy of nepal in india or embassy of india in nepal .

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Answered on 9/03/15, 1:52 am
Fca Prashant Chavan Expert Edge LLP

03.09.2015

Dear Sir / Madam,

You may lodge a Police complaint in India against the defaulting Company for cheating.

Regards,

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Answered on 9/03/15, 4:11 am


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