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Veerendra   15 May 2025

Web developer took money and did not make landing page. what re my legal options ?

Dear all eminent lawyers,

I wanted to make a landing page for my website. So I approached a small sized web development company .

The owner said that he will make the landing page for my site. He demanded Rs.20,00/- for the same . I paid him a cheque. It was cleared in two days.

Then the nightmare began. For two months he could not make the landing page. He even removed my access from the site.

I even removed some entities from the landing page so that he could make it.

Still he could not make the landing page . Finally , he sent an email after two months that he cannot make the landing page and gave up. For two months my forum site was down and that has caused an economic loss.

I want to know from all eminent lawyers as to what are my legal options and what should be done next ? How do I recover my money and also can I ask for compensation for the mental agony and economic loss  caused ?

The cheque was cleared on 18/06/2022. Can I approach the consumer court now ?  If not what are my other legal options? Which court can I approach now ? 

I could not approach the law till now due to lack of legal literacy.

Hope to see a lot of responses and many thanks in advance for the same.

Regards,

Veerendra Darakh



 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 May 2025

You have several legal options to consider:

Consumer Court - *Consumer Protection Act*: You can approach the Consumer Court under the Consumer Protection Act, 2019, for deficiency in service and unfair trade practices. -

*Time Limitation*: Generally, a complaint can be filed within 2 years from the date of cause of action. Since the cheque was cleared on 18/06/2022, and the issue was ongoing until the developer gave up after 2 months, you might still have a window to file a complaint. Civil Court -

 *Breach of Contract*: You can file a civil suit for breach of contract, seeking refund of the amount paid and compensation for economic loss and mental agony. -

*Limitation Period*: The limitation period for filing a civil suit is typically 3 years from the date of breach. Other Options -

 *District Forum*: If the value of the services and compensation claimed is within the jurisdiction of the District Forum, you can file a complaint there. -

*State Commission*: If the value exceeds the District Forum's jurisdiction, you can approach the State Commission. Next Steps - 

*Consult a Lawyer*: It's essential to consult a lawyer specializing in consumer law or contract law to guide you through the process and help you determine the best course of action. -

 *Gather Evidence*: Collect all relevant documents, including the agreement, payment details, emails, and any other communication with the developer. Compensation -

 *Refund of Amount Paid*: You can claim a refund of the Rs. 20,000 paid to the developer. -

*Compensation for Economic Loss*: You can claim compensation for the economic loss suffered due to the downtime of your forum site. - 

*Compensation for Mental Agony*: You can also claim compensation for the mental agony and distress caused by the developer's actions. By exploring these options and consulting with a lawyer, you can seek justice and recover your losses.

T. Kalaiselvan, Advocate (Advocate)     15 May 2025

Filing a case before the consumer commission may be barred by limitation.

However you can file a civil suit for recovery of damages for the pecuniary losses you suffered in view of the fault of the web designerwhich cause you losses to the extent of the business loss and for mental agony as well as for recovery of your amount of Rs. 20,000/- paid to him by filing money recovery suit in the civil court.

However in the absences of any agreement you may have o depend on the circumstantial evidences to prosecute the case against the designer  and claim the pecuniary losses.

Veerendra   15 May 2025

Pls give me the exact period of limitation in Consumer court as we ll as the city civil court.

I was under the impression that the period of limitation is 3 years.

 

T. Kalaiselvan, Advocate (Advocate)     15 May 2025

The limitation to file a complaint before the consumer commission is within two years from the date of cause of action and it will be three years for filing a money suit before civil court.

This was clearly mentioned by one of the experts above in his reply, you may go through the contents of the replies posted by experts properly before repeating the same question in the follow up query.

Dr. J C Vashista (Advocate )     17 May 2025

You have stated, inter alia, that, "I wanted to make a landing page for my website. So I approached a small sized web development company ."

Making a website is a commercial activity which do not fall in the definition of a "consumer". 

Further you have stated, inter alia, that,

"... what are my legal options and what should be done next ? 

How do I recover my money and also can I ask for compensation for the mental agony and economic loss  caused ?

The cheque was cleared on 18/06/2022.

Can I approach the consumer court now ? 

If not what are my other legal options? Which court can I approach now ? "

Did you not engage a local prudent lawyer / coach /tutor till date to answer all these and future academic questions ???


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