After signing the waiver, can we sue the company?
Puneet Gupta
(Querist) 09 January 2014
This query is : Resolved
Dear Friends
This is very important
My client has been cheated by a real estate company and now they owe him a large sum of money. However, before giving his payment, they are asking him to sign an undertaking that he has received full and final settlement and that he wouldn’t sue them in court.
At this stage, he don’t have any option but to sign the undertaking. But after receiving his payment, can he go to the consumer court and claim the damages and remaining payment.
Will the court accept his plea though he has signed the full settlement undertaking.
Pl advise?
R.K Nanda
(Expert) 09 January 2014
why he has signed undertaking? if he do not get full payment then what he will do.
Puneet Gupta
(Querist) 09 January 2014
Dear Sir
He is being given PDCs which would be presented over next 6 months. This means that he will lose interset for next 6 months. The undertaking is subject to clearance of those PDCs ofcourse. However, still my client would be losing the interest plus the compensation for mentral harassment.
The issue is that can we sue the compnay for the mental and finanical stress caused to my client after collecting whatever we can from the company.
R.K Nanda
(Expert) 09 January 2014
yes, u can sue co.in CF within 2 years from last cause of action, for damages,for the mental harassment caused to ur client.
Puneet Gupta
(Querist) 09 January 2014
Thanks sir for your inputs. But can the company seek the dismissal of the case based on the undertaking signed by my client?
ajay sethi
(Expert) 09 January 2014
once he has accepted any amount in full and final settlement he wont be able to take any legal proceedings in respect of the claim amount
R.K Nanda
(Expert) 09 January 2014
ur welcome.
Puneet Gupta
(Querist) 09 January 2014
Dear Ajay thanks.. You mean to say that evenif the undertaking is signed in circumstances which are clearly against my client and a person reviewing it can easily judge that my client didnt have any option but to sign the undertaking.
will the court not take cognizance of the circumstances in which the undertaking was given?
ajay sethi
(Expert) 09 January 2014
the Op will deny it . that you have signed out of your own free will and accepted cheque . en cashed it .
Puneet Gupta
(Querist) 09 January 2014
Thanks dear Ajay. This basically means that once we sign the settlement, all doors for legal remedy are closed.
ajay sethi
(Expert) 09 January 2014
thanks for your appreciation
Puneet Gupta
(Querist) 09 January 2014
Thank you so much dear Rajendra K Goyal for your final comments..
Devajyoti Barman
(Expert) 09 January 2014
well. I think if he could satisfy that the undertaking was signed under duress then court would certainly consider his grievance.
Mere settlement of money does not save him from accountability of deficiency of service.
Kumar Doab
(Expert) 09 January 2014
Learned experts have given valuable advice. Kindly follow it.
The query is also posted at:
http://www.lawyersclubindia.com/forum/Unconditional-waiver-given-can-i-still-sue-the-company--95542.asp#.Us7j69IW1MA
There Mr. Puneet Gupta has pointed out that he himself has been cheated.
If a client can conduct in such unfair manner with a lawyer than what shall be the fate of an ordinary person?
Mr. Puneet Gupta may certainly take such person to task.
