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kotakhiral (kjhkjlh)     06 May 2010

invoice dispute - Advocate on basis of contingency from Mumb

Hi..
I am looking out for  a lawyer from mumbai who can take the following case on contingency basis.


we issue the bill/invoices to our clients on delivery of "printed material/goods". On the receival of goods at clients end we take signature of the person who has received the goods. So I want to ask is that is it necessary to take the stamp of the company along with the signature who has received?

i have to take few lakhs of rupees from my one of the client which is pending from past 2-3yrs. we have been continuously asking them to clear the balance but they have been giving some or other excuses.
and now they are clearly denying any dues.



Learning

 7 Replies

Anil Agrawal (Retired)     06 May 2010

Stamps are available for 20-25 rupees. What does a stamp prove?

kotakhiral (kjhkjlh)     06 May 2010

well go no knowledge on dis.. I have just tried and presented things that I have.. and now m looking out for a lawyer for da same

CA Adarsh Agrawal (CMD of SHAYVIDZ Group)     07 May 2010

Hello Kotakhiral !!  If any evidence that can prove the order by that party and delivery of goods & bill/invoices by you, then the liability to py for the goods cannot be denied by the party. 

 

Even in case u have no stamp on the delivery note, but u can prove that the person who received those goods were employee or agent of that buyer, then also the payment for those goods cannot be denied.

  

Its completely matter of fact.

  

If u had entered into in agreement with the buyer, then the clauses of that agreement will prevail on ur matter.

  

Remember that there should be no evidence of rejection of goods, being the goods not as per the specification or not of that quality for which he has ordered, supplied by u OR there should be no evidence of returning goods.

 

Also solicitate the views of other expert & senior members.

kotakhiral (kjhkjlh)     08 May 2010

yes dear delivered goods were never rejected.  and got the signature of person employed by them on the receival of goods.

I would like to ask which would be best forum to approach?

civil or consumer?


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING RECOVERY OF AMOUNT KINDLY NOTE THAT

1.YOU MAY FILE CIVIL SUIT FOR RECOVERY OF AMOUNT OR EVEN FILE A CRIMINAL CASE IN COURT

2.YOU ALLREADY HAVE PROOF OF THE TRANSACTION.

YOU MAY WRITE AND SEND DETAILS WILL HELP YOU.

THANKS.

kotakhiral (kjhkjlh)     10 May 2010

kindly find following details

-          Business relationships were good initially in 2004

-          Client used to clear all dues on time in front of delivery

-          Then client  started to delay payment from mid of 2006

-          Just by considering client past records we continued business

-          On 16-05-2007 thieves broke in our office and stole computer with data.

-          We had already finished printing of that data before this incident. We were just liable to give them soft copy of data which was useful to them in next academic year.

-          In between when we called them to release payment client would reply saying that first give soft copy of data them we will give payment.

-          Within 3-4 month i.e. before new academic year starts we prepared data.

-          There after when we called them for payment they said that they are going

-          They were going through financial crisis they are willing to pay dues but they needed our support.

-          We did support them till 2008.

-          There after due to non-payment we stopped their work

-          We kept reminding them about their dues through phones, sms and met in person for couple of times.

-          Due to debts I thought of approaching cousin if he can help me out. He called up client in 2010. And suddenly from that day they denied payments and accused Mr. Ritesh of threatening and tried to frame him.

-          Hence we filed police complaint

-          I wrote letter to different bodies to help me and marked cc to client.

-          Then client wrote us saying that

o        No pending dues and if any they asked us to furnish copies of invoices they will reply back.

o        They said our services were unsatisfactory.

o        They assigned work because I am single woman.

-          We replied them

o        sent them list of pending bills to be cleared. But haven’t got reply till date.

THAPAR and ASSOCIATES (THAPAR and ASSOCIATES CUSTOMS LAW EXPERT)     29 December 2011

We work on Contigency basis.  you can contact us on

Thanking you,Yours truly

Advocate Mukta Thapar

THAPAR & ASSOCIATES LAW FIRM
Email:- muktaone@ymail.com
Mobile:-
+ 91 96191 76351
https://lawyeradvocate.webs.com/

Advocates, Solicitors, Notaries, Patent & Trademark Attorneys
111- A, A- wing,Pratik Industrial Estate, Mulund Goregoan Link Road, Near to Mulund Port
Bhandup west, Mumbai- 400078, MAHARASHTRA

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