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lenovo2017   03 July 2017

Validity agreement on stamp paper

Hi Everyone,

in Jan 2017, I entered into an agreement with an individual dealing with sales and service of Diesel Generators. This agreement was to procure a second hand DG and sell the same with some mark up charges. I knew this individual for a year. I trusted the person but still to be on a safer side we entered an agreement (handwritten on a stamp paper of Rs.100. This is not Notarized. If Notarization is required, can I notarize this now?). I have made all the payments to the person through NEFT/IMPS. The person later says that the client who was supposed to purchase the DG wants it on rent now. I refused for this rental and demanded complete payment. Later he has entered into a rental agreement (till date I have not seen any rental agreement) and he said he will arrange for funds to settle my share of payment. But it has been more than 4 months and he has not paid me any money till date. I need advise how do I proceed incase I need to file a police complaint / file a case against him to recover my money.

Note: I have not met or spoken to the client. I have now started to doubt the entire thing might just be a story to extract money

Please advise.

Regards,

Raghavendra



Learning

 3 Replies

Arjun Kohli   03 July 2017

Such agreement between the two of you which is non-notarized is still a contract. nonetheless. Given it is in writing adds all the more value to it. Therefore it is binding and you can definitely file a Civil suit in respect of such breach of contract, claim damages and what not.

Also, IPC 405,415 and 418 shall apply in this case in my opinion and you can file a complaint to the Police about the said thing too.

Feel free to engage a legal counsel to share the necessary details of your case and proceed accordingly, meanwhile, you can make a complaint to the Police as soon as possible.

Siddharth Srivastava (Advocate)     03 July 2017

You can file suit for recovery. Consult a lawyer.

Kumar Doab (FIN)     03 July 2017

Agreed.

Next time preferably stay away from persosn anddeals and still if you want, let a  very able local senior counsel of unshakable repute and integrity specializing in suc/civil matters draft the agreement for you.


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