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Oral agreement - violation by buyer - solution

Querist : Anonymous (Querist) 11 March 2021 This query is : Resolved 
Sir, our MD had a oral agreement with buyer to sell machinery for 1.50 lacs. We raised invoice with GST for 1.50 lacs. The buyer paid 1.00 lacs later he said that the machine is not running so he will not pay balance amount. But he has utilized input taxes. Even after repeated communication he is not ready to pay balance. How to overcome this issue. How to file case against him. Is there any legal support by msme for this type of issues. Thank you.
Guest (Expert) 12 March 2021
Better sort it out with him amicably. To step in to Court for this Evidence and Proof are mandatory where Time and Money also would be involved.
Advocate Bhartesh goyal (Expert) 12 March 2021
Issue legal notice to buyer and demand balance and due amount of invoice.if notice not complied with then file suit for recovery against buyer.
Dr J C Vashista (Expert) 13 March 2021
If alleged defective machine has not been returned to supplier, with evidence for defect/ non-conforming to specification etc. the vendee is liable to pay the bill.
Try to find out amicable settlement before issuance of notice and restoring to legal remedy for recovery of outstanding amount through a local prudent lawyer, I agree with experts opinion and advise.
Hemant Agarwal (Expert) 13 March 2021
1. IF a monetary transaction is Partly /Fully completed which has documentary evidences, THEN irrespective of Oral or Written orders, the Seller would have to approach the local Civil Court, for recovery of unpaid dues /liabilities. There is no exception to this.

2. The Seller may additionally prefer to file Police FIR against the Buyer, for Cheating, Fraud, Intimidation, Mischief, etc....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Querist : Anonymous (Querist) 13 March 2021
Thank you for all your valuable responses.


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