• Client refusing to pay

I took contracts for a foreign (chinese) company, which was establishing a power plant in cuddalore district tn, after working for several years, the billing procedure was some satisfactory, now when the work is completed the client is not paying for the work done and also weakening the bills in all possible way, in guise of giving payment they collected no claim certificates from us and said that they will pay us very soon, after a month or so they are not paying and saying us to take any action against them, i am a contractor who did the work as per the scope given to me, they monetized my material to their client (say end user) he is utilising our works and material, due to this my investment is at stake

what are legal options available to me, can i file case from my native place?
Asked 8 years ago in Business Law

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14 Answers

You may immediately send him a legal notice.

You may file a complaint against him in the police station for cheating and fraud.

Also, you may file a summary suit for recovery of the pending amount.

The same ill be filed against the Indian representative of the Chinese company.

Also, see if there was a contract between you two and whether there was a arbitration clause in the same or not.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you have given no claim certificate that would imply all your dues have been settled

2) if your dues not paid issue legal notice to company to pay your dues

3) if company fails to pay file suit to recover your money

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Its not clear whether any arbitration clause is there. If yes then arbitration can be initiated in India.

2. Once award is passed you can send the award to the foreign country for execution of the awards.

3. If arbitration clause is not there you can file civil suit in India and again send the decree for execution.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

Yes you can file a recovery suit for the pending payments.

Also you can file for breach of contract and 420 IPC may also workout in your favour.

You need to file the case in the jurisdiction of your construction site.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, it is adviced to send a legal demand through a lawyer notice asking them to pay the due amount alongwith interest within 15 days .. If they fail to pay the amount within the said period , file a recovery suit against the company .. They will have to appear before court , as in absence an ex-parte order will be issued against them by court ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Filecomplaint againt company and its senior officers in charge of the project

2)if there are other contractors who have been duped all should file complaint against the company and its senior officers

3) they will have to apply for and obtain anticipatory bail

4) oppose grant of bail as they may flee India .couet would impose restrictions on their travel abroad

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Respected sir..

you have to collect the evidence against that and make your case strong ...firstly is is mistake on your part that you gave them no claim certificate you have to improve it ..as per me you have to prove that i had given such material to them and they have not paid for that for this you can also convince them in a polite way to talk to you and in normal convertation you have to dig all the things from there mouth .this is the best and easy way to get your money...once they said to you on call that your payment is remaing you can file a recovery suit along with that audio clip...you have done wrong by trusting upon then nw you have to take step up forward to implicate them in this case...

sir it is a simple theory TIT FOR TAT...

and every thing is fair in love and war as they started war by cheating upon you ...so now you have to reply them in their way...\

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Friend

Send them the legal notice through good lawyer.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
422 Answers
22 Consultations

Considering the fact of your words,

I do not think police will register your complaint for these kind of offences. You may approach any lawyer to get direction from the court to register a FIR.

Sec. 120A,120B,465,468 also can be included in the complaint.

If any fiscal laws are violated then the complaint can be made to EOW and Income tax department.

You may get back to us.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1. Why did you give the no claims certificate when the claims had not been settled yet? If you now file a suit for recovery of money, which is your only remedy, the company will place reliance on the no claims certificate to repel the lawsuit. They know they are safe, which is why they are daring you to take action.

2. Be that as it may, you can file a civil suit for recovery of money and then take it to a logical conclusion.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Cases are transferred to EOW only on recommendation of the government.

After filing the FIR you may pursue for the same.

In that case after the file FIR the court may pass some order to restrain them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This Chinese firm is having an Indian Subsidiary, incorporated under the laws of India?

Send a legal notice to this Chinese firm and seek recovery of your dues. If the notice fails to help, you be contrained to take recourse to the legal route.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Since you have entered into an agreement even orally, you may issue a legal demand notice to the client for settlement of your dues within a time stipulated in the notice.

If the client is not responding or complying with the demand made, you may approach court of law with summary suit for recovery of money against the client based on the evidences in your possession including the legal notice.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Apart from 420IPC, how can EOW can be introduced in the loop, and also the concerned so called authorities of the said company are going out frequently of india, in order to avoid and sway off from prompts of other contractors as well, how this can be checked?

You can approach the EOW police functioning at the distict police headquarters for speedy disposal instead of approaching the local police.

You can furnish the entgire details of the company and their behavior with the contractors after comoplation of the task assigned.

The police will summon the company people and make a thorough and discreet enquiry, shall initiate legal action as per law if the company is not willing to make the payment due to the contractor.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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