Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Siddhesh shinde   30 June 2022

Client not paying payment

hello I am doing freelance software development project and one of my client not make payment as not accepting work he is not replying of message,emails and calls. Need help to get my payment.


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 July 2022

arrange to send a legal notice through a lawyer

Mahi Manchanda   02 July 2022

Hi,

As long as the work was done on the basis of a prior agreement, where the conditions for valid contracts are met- such as offer, acceptance, contractul capacity, legal age etc, a contract has been formed between you and your client and you can choose to sue for damages or breach.

You can send the client a legal notice for payment of dues. If they still does not respond then you can take legal action against them.

Civil Action:

Order 37 of Civil Procedure Code: This order provides information on summary suits which are used to enforce a right. It is a power given to the person who wants to recover his money. Once the suit is filed and summoned, the defendant has 10 days to defend the suit. If the defendant does not show up, then the court accepts the plaintiff charges to be valid. 

Criminal action:

Section 406 covers criminal breach of trust under the Indian Penal Code: Under Section 406 of the Indian Penal Code. Seller can file a suit for breach of trust. Seller have to prove that the customer has breached his trust by not paying the money against the product or services provided.

Section 420 of Indian Penal Code: This section gives relief to the person who is being cheated by someone.It can be one provision on which seller can take action for non payment from the customer.

I hope this answers your question.

Have a good day!


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