cheating by franchisor cheating by franchisor

3 months ago

i have signed an LOI for a franchise in India and paid money. Franchisor ihas told multiple times that he is sending the agreement document but has not sent till date. He has defaulted more than 10 times. does this come under cheating ? as per indian law

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A dispute or difference arising out of a Franchise agreement or matter related to a franchise is a commercial dispute and comes under the purview of the Commercial Courts Act, 2015. A commercial dispute is defined u/s.2(c) of the Act is a disagreement relating to trade/commerce between two or more stakeholders. These disputes generally arise in relation to the terms and conditions of contract/agreement, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution(ADR). So, considering the nature of the dispute, you can escalate your grievance before the Commercial Court for redressal. In the prevailing situation, reach out to an Advocate handling commercial disputes before the Commercial Court for guidance and steps
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