One online job portal company has made agreement with my firm to provide candidates database for recruitment purpose. they have taken 4 chaques out of which 1 got cleared. but after using for 1 month i realised site is just loaded with fake jobs and datas. So i have told them to stop service and stopped payment of 3 chqs. but now they are forcing to make all payments else threatening for legal action with name of agreement even for not taking any more service still demanding for full payment. please guide what to do.
It is necessary to peruse agreement signed by you with portal to advice
2) if you have agreed to make payment in 4 instalment you are bound to make payment
3) if protal has given fake resumes of fake candidates you can terminate the contract as per clauses in your agreement
4) contact a local lawyer
If cheques are dishonoured on presentation complaint would be filed against you under section 138 NI
What was the duration/term of this agreement? Could this have been rescinded by either of the party mid-way? You will have quote relevant clauses from the said agreement here so that we may give you an ambiguous reply. Nevertheless, you need be worried because of the warnings given by them. If they file a cheque bounce case or any other matter for recovery of the consideration/money from you, you will have ample of opportunity to defend yourself.
1. What are the terms of the agreement? Once an agreement is made then both parties thereto have to perform their obligations under it.
2. On what basis could you conclude that the site is loaded with faka jobs and datas? Would you be able to prove this in the court? Ultimately, everything boils down to the agreement to ascertain whether the online job portal company has performed its contractual obligations or not.
3. If the company has not acted in pursuance of the agreement then you are within your right to stop the payment of remaining cheques. Any legal proceeding initiated by it can be fittingly contested by you.
4. Consult a lawyer with a copy of agreement.
Whether you have entered into any agreement with him and is it registered?
If not registered then it is not enforceable in law.
What was the agreement and conditions therein?
If you have substantial evidence the job portal company has given fake and vague jobs in the name of agreement then you may cancel the agreement stating reason as breach of contract
Let him to court, you can challenge him on merits in your side
You please go ahead and send them a legal notice first otherwise they might go ahead and present a cheque, and after it is bounced they will file a case under section 138.
Regards
