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Shinil   21 March 2017

Legal advice regarding implied contract

Dear Learned Members,

I request you all to please provide me the legal course of action on the following given below facts of my case.

I had given Rs. 8500 to a guy for developing a website for our LLP in December 2015. But, the only thing he has done so far is the purchase of the domain on our LLP name which might have cost him approximately between Rs 600 to Rs. 1000.

I dont have any written contract with him and neither he has provided me any invoices so far.

The only thing i have is our what's app communication and bank statement to verity fund transfer.

I just wanted to know that if i proceed with a civil litigation...do i have any chances of success.

Or wat else should i do to create some kind of evidence...he doesn't reply to my emails also.

Please help.

 

Regards

Shinil



Learning

 11 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     21 March 2017

Uh oh ... that's going to be very difficult.

The bank account statements reflecting the transfer of amounts to the website developer is probably the best evidence you have, as it won't be easy to explain transfer of Rs.8500 merely for registering a domain name (of course, if I've understood such losers correctly in the past, he'd come up with the standard defense of all cheap fraudsters - "friendly loan repayment"; but that's another thing, for another day).

I'd suggest you write a professional but friendly letter by registered post to him reminding of his commitment of developing the website and the payments received by him already. Not that the person will wake up and do is job nor does it evidence a contract. But you may then try to initiate action against him for performance of contract based on WhatsApp messages and consideration evidenced by Bank Statements. Its DEFINITELY NOT going to be easy at all; keep your fingers crossed. Btw, what were you doing from December, 2015 till March, 2017 for a website - they'd develop a whole new Facebook in all that time.

1 Like

(Guest)

Persistently followup with the guy.  Thats the best route to get your job done. Court kacheri method will eat up some more money thats all and you dont have any pucca records also.  Just follow up with the guy. go talk, ask him to do it.  He will some how or the other have to budge.

1 Like

(Guest)

Persistently followup with the guy.  Thats the best route to get your job done. Court kacheri method will eat up some more money thats all and you dont have any pucca records also.  Just follow up with the guy. go talk, ask him to do it.  He will some how or the other have to budge.


(Guest)

Persistently followup with the guy.  Thats the best route to get your job done. Court kacheri method will eat up some more money thats all and you dont have any pucca records also.  Just follow up with the guy. go talk, ask him to do it.  He will some how or the other have to budge.


(Guest)

Persistently followup with the guy.  Thats the best route to get your job done. Court kacheri method will eat up some more money thats all and you dont have any pucca records also.  Just follow up with the guy. go talk, ask him to do it.  He will some how or the other have to budge.

Shinil   21 March 2017

Thank you very much for your valuable advice. I know there were lapses from our side too such as not asking invoice or any other docs before payment and we will definetly learn from such mistakes. Further, he always use to make promises that he is develpoing some coding and finalising the designs etc. But since last 2 months he has completely stopped picking our calls from which  we realised that it was all false promises.

Sanjeev   28 March 2017

According to my personal Experience, try to get in touch with this guy through somebody (your friends, Collegues, etc.) & REQUEST him politely to get his job done. I am sure he will do his job. 

This is the best remedy u have.

As the amount is too low & Litigation will cost too much money & time too. Maybe 2 to 5 years.

One more thing Do not keep grudge & apply ur mind. In this case.

 

Shinil   29 March 2017

Thank you very much for your reply. I've tried to get in touch with this guy through a common friend also but he is not responding. Further, i know the amount is less but then again it was never about the amount it's about how blatantly people cheat without any sort of remorse. I just want to teach him a lesson dat it's not right to take some one's money & not do your job. I know there has been lapses on my side as well as pointed out in my earlier reply...n it's something i will not repeat again in future deals. But this guy will roam free thinking he as again duped someone and there is nothing people can do about it.

Sanjeev   29 March 2017

Ok i got ur point.

File a complaint in Police Station in your area.

Find a good Lawyer.

Ask him to send a Demand Notice.

After that, File a Complaint in Court (your Jurisdiction).

He will come to the court (90% chances). Then warn him, get your work done through him & forget the Grudge. Put all ur efforts in ur work.

Because there are many side effects of Litigation. Which you will understand, when u get into it or when you grow older or get experienced in life.


 

 

Law Aspire (Legal)     30 March 2017

This is pure case of  Breach of contract and Section 420 of IPC. First u send a written letter to his address  by registered Post , setting out the overall situation and amount due. Then if no reply comes  and if any reply denying the allegation comes, file a Complaint in Nearest police station under Section 420 of IPC.

Then a case is to be filed in the Criminal Court 

Shinil   30 March 2017

Thank you all for your valuable suggestions in this matter. And I'm going ahead by sending a legal notice to him. Again thank you all for your advices.


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