Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Agreement to make website b/w indian and foreign company

(Querist) 16 August 2012 This query is : Resolved 
An agreement was done to make a website b/w a foreign company and an Indian Company.

now foreign company sues the Indian company for delay and non-completion of the website in the consumer court. The foreign client changes instructions now and then. Plus in IT industry we all know that people leave the company without any notice. So the company is also somewhere responsible for delay but not entirely. The reason for delay was explained and extra time was asked for. But by then the client got pissed off and started with the litigation and asking the money back.

What I would like to know is that does the Indian client have any law/judgment in his favor ?

What all points should be taken into consideration before we go ahead and draft any reply to the complaint filed by the foreign client in the consumer court ?
Guest (Expert) 16 August 2012
Dear Sehdev,

Normally original formal agreement is valid for the purpose of initial timeline fixed for the job. Any subsequent change in instructions also need time content for revision of the job. But, the service provider was also not required to act as a puppet of the client to accept all his frequently changed instructions without settling for the additional time for the job.

However, if the service provider has all the changed instructions duly recorded or in the shape of email available with him, that only can help him. Otherwise, if he worked merely on verbal instructions received through phone/ skype, it would prove to be quite a hard nut to win the case.

However, that all depends upon the facts as per the complete history of the case right from the beginning of the deal.

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