Cheated by my former business partner Cheated by my former business partner

2 years ago

Hi,
I am from Burdwan. During the end of 2017, I came in close contact with one of my friend and discussed with him about my future. He then advised me to start a new business and also shared his own plan of starting a restaurant. Inspired by his idea, I decided to join him and he agreed to take me along with his wife and start that restaurant. I borrowed 65,000 Rupees from my other friends and decided to invest that amount in that business which was his and his wife's brainchild. I joined him as a third partner. I was stupid, so I believed him as my own 'brother' and didn't even ask for a paperwork and invested the money without any written proof. Later, when I asked him about paperworks, he enlisted the business as a private limited organisation and I get a DIN from the authorities. But soon he stopped to continue that private limited agreement stating it is 'unnecessary' and 'costly'. He didn’t even open a current account to do the financial works and continued to work with his personal account.


Whatever, at one point I had decided to quit the business as it was not beneficiary to I was not happy. When I informed him about that, he pressurized me to stay and started abusing me mentally and verbally. Once, he showed me lot of big dreams that we will open a branded restaurant together and it will make lot of money. He promised to stay forever beside me. So I had paid the initial capital from my part for he has paid the deposit to landlord. He even made a contract with landlord with his own name, I was nowhere. I don't even have a partnership deed. However, I demanded to get my money back and let me go home. Every time, he dodged me and started to abuse me for everything from the very first day. I was helpless. I was forced to do whatever he said to avoid any kind of harm and loss of money. Mentally, I was broke and he always demanded that the business is his idea and I am Nobody. Though I used to do every kind of physical works to run the business where he and his wife sat almost still and took the profit every month.


He is not picking up my calls now. Finally I decided to call it off and just came home with my personal belongings. The shop's furniture and other materials like shop rental agreement was with him. Recently, the business was closed, I heard that he collected the deposit and has not shared with me. He has taken all the furnitures and equipment from that place and not told me about arrangement for disposal. Also the deposit paid for is not easily refundable. He let me take all that loss and he has infact walked away more money than he invested. He is not even refunding the equipment and now not picking up my calls and not answering messages. Can you please advise how can we move forward and get justice for cheating us on this.
One more thing, I don't have any money left with me. As I said, I suffered the loss. I don't even know how to file a case and bear the expenses of a litigation, if needed. Is there any way out?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir
If it is not registered partnership then you cannot go to the civil Court but you can lodge complaint with police. If it is registered then you can file a suit and get partnership dissolved and accounts settled as per law and as per terms of partnership deed.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Since you do not have any documentary evidence to prove that you and him had started together as partners it will be difficult for you to pursue this case legally without cogent papers. Remember whenever you do such things paperwork is the most important thing than anything,
What you can do is that you can send him a legal notice through a lawyer to establish the fact that you did invest the money and start the business with him ask for the money to be returned. Either he returns the money or responds to the legal notice which becomes the basis for you to file the case in a court, if you want.
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