Non payment of advertisement company.
Querist :
Anonymous
(Querist) 16 September 2020
This query is : Resolved
Sir,
An advertisement company has erect a tower on my roof for advertisement purpose.The agreement has been lapse for last 3years , and payment has not been made for last three year.
I was trying to communicate but they stop receiving my call , now neither giving my payment nor they nor they taking back there tower.
Shilesh Patel
(Expert) 16 September 2020
as the above expert said send a legal notice if there is no reply of the notice then you can file a suit for recovery of money, as you are bared by the limitation act because 3years has laps, make sure you take the ground for delay because of COVID-19 for the institution of the suit.
Advocate Bhartesh goyal
(Expert) 16 September 2020
Now your claim is time barred and legally you can not recover it Delay for filing recovery suit can't be condoned as sec 5 of limitation act applies only to applications and appeals.
Dr J C Vashista
(Expert) 17 September 2020
How can a legal notice bring the claim within limitation ? Answer is "no".
Adopt some arm twisting tactics, disturb signals from the tower or sell the tower to some kabadi and recover your money from salvage.
Dr J C Vashista
(Expert) 17 September 2020
What was the action taken by you for the last 3 years ?
No person shall sleep such as you.
Unbelievable statement.
Querist :
Anonymous
(Querist) 17 September 2020
Dear Experts
Now what shall i do shall i sue or bring down the advertisement tower from my roof at my own expenses and sell it to khabadi.
If i do so can this advertisement company able to sue me?
Shilesh Patel
(Expert) 17 September 2020
Right now the courts are hearing only urgent matters only so better take down the poster or wait till the courts reopen formally.
Rajendra K Goyal
(Expert) 17 September 2020
If you send legal notice / notice / letter to sell out the structure for partial recovery of your rent, possibly other party mistakenly accept the liability.
P. Venu
(Expert) 04 October 2020
What were the terms on which the tower was erected? Was there any provision for periodical rent or lease money? Is the tower still functional?
Querist :
Anonymous
(Querist) 04 October 2020
term was rent agreement which have to be renewed after 3year , but unfortunately had not been done.
P. Venu
(Expert) 04 October 2020
The information posted is incomplete.
Querist :
Anonymous
(Querist) 04 October 2020
Sir term was rent agreement which have to be renewed after 3year, there is no provision for periodical rent but yearly payment . Which will be increase once in after 3year which is 15%.Though the advertisement tower(Hoarding Board) still erect its is not functional may be due for covin 19.
P. Venu
(Expert) 05 October 2020
What do you mean by 'no-functional'? Anyhow, the facts posted suggest the cause of action to be continuous/recurring and hence, with proper pleading, the question of limitation could be overcome.
Rajendra K Goyal
(Expert) 05 October 2020
Send legal notice claiming your rent as per agreement. Discuss with local lawyer.
