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Raghav Arora   27 April 2020

I have been cheated

I had paid some amount to a person to help me out with a project. No agreement or so. We just talked on the phone and settled that he would help me with an academic query.  He took half the amount and said that the work will be done by 27th.  Now he says that he did not realize that the work would take so much time and now will only deliver if I pay 6000 instead of 3000 that we had settled for earlier.  Can I do anything? I have got to wrap the project up by 30th anyhow.


Learning

 4 Replies

Archit Uniyal   27 April 2020

Hi,

Oral agreements consist of words, gestures, symbols by which one party conveys a promise or a set of promises to another, which, on acceptance by the other party, becomes a valid oral agreement.

All oral and written agreements will be valid if they fulfill the conditions specified in Section 10 of the Indian Contract Act which are

  1. Competent parties
  2.  Free consent
  3. Lawful consideration -  which in this case that you will pay him 3000.
  4. Lawful object

By fulfilling these 4 necessary requirements, an agreement becomes a contract under Section 10 of the Act. (Alka Bose vs. Parmatma Devi & Ors)

In the case of Sheela Gehlot vs. Sonu Kochar & Ors (2006) Delhi High Court observed that oral agreements are valid and enforceable.

Oral agreements, although may sound complex, can be proved in a court of law, through several circumstantial evidence. Such an oral agreement can be proved either by a recording of such an agreement when it took place or a witness before whom such agreement happened.

The other party cannot demand an extra price if you are not willing to pay it, as you both have already agreed upon 3000. If he refuses to do the work he will be liable to breach of contract under section 73 of the ICA and compensation is awarded to protect the party as if the contract had been performed (Robinson v Harman)

In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.

 

I hope this solves your query.

Regards,
Archit.

G.L.N. Prasad (Retired employee.)     28 April 2020

Be honest and disclose as to whose duty is it to prepare and submit the project report himself.

The presumption is that it is the duty of the student to get such formal credits or marks for succeeding in his academic qualification.

Instead of working on his own project, hiring someone and getting a project done through some others and using such pirated work as his own (student) amounts to cheating or not is to be decided by the student himself.

But, realize that now the software is so advanced, just by studying and comparing few paragraphs, the computer can decide as to whether the student himself has completed the project and written himself or if it is a pirated version from any other published work elsewhere in the world.

Be cautious and decide for yourself.   This type of extortion is done by those undertakers of such projects exploiting the weakness, urgency, and necessity.

P. Venu (Advocate)     28 April 2020

How come that the author is Forum Moderator - has the LCI approved?

Raghav Arora   28 April 2020

Had couple of more people calling me the moderator. Could not get it at first, the realised that otyers can see Forum Moderator written over my profile. Emailed LCI. They will fix it. Though I did not mind it. lol.
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