Anonymous
30 January 2011 at 13:40
Dear all
Here with i am representing my dispute with customer.
1) before a year ago i was just entered in business of machine manufacturing and automation services. at a starting level i did all my work without any commercial process or without on paper documents and payments. all of transactions were done either cash or on the personal bank savings account. and without any bills or any purchase order or any delivery challan or no any blank paper agreement. in short i can not be called manufacturer company.
2) i got one customer for a new machine developed which is not available @ India. we were bound by mutual understandings for machine development. also agreed for pay for any additional work which is not included in quotation. i had just mailed a quotation by personal name and address no any latter head format or company name. also got first partial advance cheq. payment without any order confirmation mail. and other advance payment installation in cash. which was out of advance terms of quotation.
3) during development of machine we faced some issues on some parts of machine.
i informed customer that we cant develop machine with this faulty parts which we purchased, if you are ready to accept machine with other low specification parts, we'll put that and the machine will work no any functional difference but some operating only differ. and we will compensate the amount which we offered.
we mutually got verbal confirmation that there is no problem to use lower configuration parts. and other part was needed some higher configuration which was costing high and customer also agreed verbally for paying that.
4) also we failed to deliver machine on delivery date due to faulty parts. but there was a big deal regarding machine cost at that time. that delay was not much important against machine cost difference which we offered at then customer had no any issue for delaying machine. he was also interested to sale the machines which we developed in Indian market. but i was not prepared for that. customer started behaving strangely. after my decision. we successfully developed machine. machine is working since 6-7months with out any issues.
5)though machine is working successfully we notified customer that there may be some changes remained which can be done after full flange working observation of machine. and again we agreed mutually without any paper doc or any sign/stamp. for that we agreed that if machine works fine for month he'll complete payment amount. and after we'll complete remained changes.
6)after this whole verbal commitments he failed to stick his commitment. he is using machine since 6-7months non stop. he is called for completing balance payment but he twisted at all. and firing on us that due tome he is facing delay in machine and all some non acceptable issues.
7)he called me before 2weeks for required maintenance service. i told him clearly that complete your balance payment and be ready for service charges per visit for machine inspection. warranty only includes replacement of parts no labor.
8) he started torturing me like I'll claim you for 10 times of amount of loss which is facing/ refund of machine or replacement of machine. he also sent me a lawyer's notice regarding issues. but not mentioned those needs or
9) now he called me for settlement after not replying his notice. he is requiring those higher configuration parts in machine which was rejected for functionality. or refund.
10) i had already a heavy loss of development of machine for those faulty parts and also loss of time which we have to spend for the machine. another thing that there was some deal about pirated software for machine work which he gave us to do work to save his money we worked for 4-5months. all the machine took3-4months to get ready and for trial.only configuration was needed to set at point by working experience of machine.
11) i am not even able to go thoru law and court this matter slaps me against my family and my society. i am not ready by financially or mentally.
i am very frustrated by this matter what to do.
should i ignore all of the things,
even he is not having any paper of my machine purchase only 2lac is on account and remained 5lac payment is on cash without any receipt or stamp. he is not completed payment of 50K
PL advise me.
9974132507
Anonymous
30 January 2011 at 11:02
A took a loan of rs.40,000 from a bank.A gave a railway receipt of rs.60,000 as security to the bank.on A becoming insolvent bank applied for railway goods.the goods which were in transit destroyed and railways gave only rs.40,000 to bank.bank sued railways but railways said that A's liability was up to rs.40,000.whether bank will succed or railways will succed.please explain me as per the contract act
Husne Mubarak
29 January 2011 at 22:54
Dear Experts,
Q1: What are the basic and preliminary requirements to establish a company? Please let me know in details.
Q2: what are the procedures to be followed for registration of the company.
I Shall be very grateful to you for your help and guidance.
with regards
Husne Mubarak
Anonymous
29 January 2011 at 15:40
Hello all,I want to know the consequences of breach of contract.Am a fresher and had joined a company on 6th of december 2010.It had a bond(2 years + 6 months training). But i skipped the bond on jan 27th and sent them a resignation letter stating that i will not be able to render my services.If i breach the contract then i have to pay 60000 rs to the company.It was not on any bond paper,i had signed the contract on a sheet. I want to know whether the company can take any legal action against me for breach of contract
Mahesh Kakade
28 January 2011 at 17:53
Inland letter of credit opened by the SBI chennai for an amount of Rs. 8crs. Negotiating bank is SBI Pune.
The LC opening bank had put the conditions that the LC will be reinstated within seven days after receipt of advice from the negotiating bank for the value stated therin confirming that the document have been negotiated complying all terms and conditions of the LC as per approved billing breakup.
I need clarification for following points....
1. Can the negotiating bank have a right to ask for reinstatment of value of LC as per the condition putten by LC op. bank
if not what is regular course of LC
Anonymous
27 January 2011 at 14:33
I am a resident of Delhi. I have two bank accounts with ICICI, one with New Friend’s Colony Branch and the second with Cyber Green branch Gurgaon. Some intruder has hacked both my accounts through internet banking and has done online shopping worth Rs. 5lacs in all. Most of the shopping has been done is on ebay, some on rediff and Vodafone. We have lodged a complaint with ICICI bank and also the local police station. The police have said that initially a complaint will be lodged after which an investigation officer will be assigned on duty. Further, based on the investigation report of that officer, a FIR would be lodged.
Is the procedure adopted by Police correct? Why was FIR not done?
We also wanted to know how would the case proceed?
What steps should be taken by us to help in solving the case and getting our money back?
What are the liabilities of the ICICI bank and ebay in this case?
J K Agrawal
26 January 2011 at 07:19
Dear Sirs
What is effect of filing insolvency petition upon the pending cases under 138 NI Act?
What is effect on cheque not produced yet but the creditors having cheques with them.
Are they debarred to file an action under S 138?
A citation will strengthen me.
Vivek
24 January 2011 at 21:49
Hi,
We are planning to open a web development (IT) firm in Noida.
Please let me know if we need a Shop license / any other license. What is the requirement, fees etc.
The number of employees will be 3-4 people.
The legal structure can be proprietorship / partnership /LLP / company. Whether the requirement will be different.
Thanks
Vivek
Nilesh
24 January 2011 at 14:01
IS THERE ANY STAMP DUTY APPLICABLE ON TRANSFER OF MOVEABLE ASSET FROM PROPRIETORY FIRM TO PRIVATE LIMITED FIRM ? IN WHICH PROPRIETOR HIMSELF IS 90 % SHARE HOLDER IN PRIVATE LIMITED COMPANY AND OBJECT OF THE COMPANY IS TO TAKE OVER AND CARRY ON THE BUSINESS OF THE PROPRIETORY FIRM.
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Valuation of our company
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I would like to get your expert opinion about valuating our company. The company is setting up a solar power plant and has all the registration and papers.
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