Preschool is not refunding the paid initial fee Preschool is not refunding the paid initial fee

2 months ago

I have paid 1,26500 to a preschool franchise to start a preschool but due to unforeseen pregnancy I am not in a position to start the school now so I have requested the franchiser to refund the amount but they are not willing to refund the amount

Anik

Responded 2 months ago

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A.Dear client,

It is suggested to look into the contract between you and your franchisor. It's crucial to let your franchisor know early and often if you're thinking about ending your franchise agreement. Ideally, you and your franchisor may arrange frequent meetings to talk business. If the franchisor is agreeing to the terms of the contract, you may negotiate an exit strategy.
Additionally, you may proceed for arbitration or mediation. Since they are quicker, less expensive, and more private than litigation, mediation and arbitration are frequently the recommended courses of action.Through mediation, discussions between the parties are facilitated by an impartial third party in an effort to find a compromise.In the more formal procedure of arbitration, a ruling on the dispute is rendered by the arbiter, and it is legally binding.
Further, you can file a civil suit under the commercial disputes act. In India, commercial courts have been established to exclusively handle commercial disputes. These courts are equipped with judges who possess expertise in commercial matters and are trained to understand complex business issues.

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
The nature of the dispute as stated by you is a commercial dispute as defined u/s.2(c) of the Commercial Court Act, 2015. A commercial dispute is a disagreement relating to commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution. An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. So, in the prevailing situation, reach out to an Advocate handling commercial disputes for serving a legal notice to the errant party and for filing a commercial dispute before the Commercial Court for appropriate relief in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

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