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Is legal action the right way for a fraudulent activity of a company?


Question:

Hi, recently I have enrolled with a tour operating company for which I have paid the membership amount through credit card, of which the interest amount for conversion to EMI was promised to be borne by the firm. I have received only partial payment thus far and the remaining amount is unpaid after many promises that were not met. I have also warned that I will have to resort to legal actions. Please advise what steps I should (or can) take. Thanks!

Answer:

Generally, all banks should provide a grievance redressal mechanism to their customers. Notwithstanding, in the event of such disputes, you may proceed with filing a commercial case against the bank for the amount in dispute. The court may, depending on the merits of the case, appoint an expert in the matter to determine your actual liability towards the bank. Basis the findings of the expert report, the court may deliver a judgment.

There will be a court fee payable to the court, which will be usually a percentage of the claim amount. The court may award the reimbursement of the court fees by the losing party to the winning party at its own discretion.

If you would like to discuss about the matter further, we are pleased to provide you with our legal consultation services.

Should you have any questions, please do not hesitate to contact us.

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