Breach of contract

This query is : Resolved 

09 April 2009

Hi All,

We had signed a service contract with X communication company for calling their customers. We dialed for 2 months and our first payment was received in 4 th month. Again we dialed for another 2 months total of 6 moths and when we asked for payment they started complaining about the quality of service. They stopped providing calling database without any written or oral communication. When we asked for calling database and payment they replied orally 'we have stopped the service'. This put us in huge loss and we approached lok adalat for settlement for our damages and loss. Lok adalat dismissed the case after several hearings for almost 8 months. They should have rejected in the initial stage or first month itself and passed the order case is not maintainable in this court.

Later we approached high court by applying writ petition which was dismissed after 1 month without looking into the issue. We thought they might have overlooked and we applied writ appeal which is also dismissed after pending for almost 5 months.

Now we don't know what to do next for claiming our money. So request any expert to advise us for next course of action.

Thanks - Niranjan

Hiralal Das (Expert)
09 April 2009

Is there made any agreement in between the Company and you?

Ashey (Expert)
10 April 2009

can u post the service contract copy here ?

Manish Singh (Expert)
10 April 2009

no writ lies for contractual matters and also the parties were private parties, so no writs can lie.
u can claim it by filing recovery suit. that shall be the appropiate remedy for you.

Niranjan V (Querist)
11 April 2009

Mr.Hiralal Das -Yes Agreement was made between two companies.

Mr.Ashey - Please provide your personal contact, i will send it.

Mr.Manish Singh - Thanks a lot your advice. If recovery suit is only option, we will go ahead as per your advice. Many Thanks!

I got the feedback from our senior that we can approach for arbitration. Will this be helpful?

Thanks for all who responded.

Manish Singh (Expert)
14 April 2009

in your case if the matter pertains to any dispute concerning why they have not paid your dues then you can go for arbitration but if the matter is crystal clear and all the dues are deliberately not paid to you, you can approach the civil court.

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