I am Indian working abroad and hire a designer in Bangalore. He is full time working and part time freelancer. The initial payment was done after online agreement signing. But due to delay and lack of good communication I asked him to cancel the contract. I ask the designer to forward the money to a charity of my choice as I can’t deposit money in my India NRI account. But since then the guy is not picking my phone or replying to mail. I don’t know what to do. I know the company he is working. I can’t come to India for this right now. What are my option. I have the digital contract copy and mail communication.
1) issue the designer legal notice to refund money paid on account of cancellation of contract
2) if he fails to pay sue him to recover the money with interest in bangalore
3) it is necessary to peruse the terms of contract to advice further
4) i presume there is clause in contract that on cancellation money paid by you would be refunded by the designer
It is not clear what sort of services you hired from him and what were the terms of the agreement.
The terms ofthe agreement mostly determine the breach f agreement and its consequences.
cancellation of agreement does not necessarily mean refund of money paid unless there is an instance if undue enrichment or deceit or wilful damages.
In other words if there was a case of cheating then you can lodge complaint with Police.
if it was achieving then you will have to file a civil suit for recovery of money.
Hi,
Please send him a legal notice stating all the facts to deposit the money as a agreed. in case of failure to pay back or reply to the legal notice within 15 days please consult an advocate and file criminal case against him under section 420 406 of IPC.
The terms of the agreement would have to be seen to find out whether or not you can claim a refund of payment from him, when you are the one who cancelled the Agreement. The termination clause and the clause spelling out the effects of termination will have to be perused to answer your query.
Send all the documents to an Advocate in Bengaluru the digital agreement, payments made by you, all the email correspondence, let the Advocate to study all the papers based on the finding of the Advocate you can file case before the Courts in Bengaluru.
You may have to authorise the Advocate to act on behalf of you.
Hello sir , kindly share the contact for reference .. It is required to send him a legal notice at his place of residence .. If he is a famous designer it will not be difficult to get his address on Internet ..
Immediately issue a legal notice to the designer for refund of money, if he fails to repay file a suit for recovery of the amount.
further for a more concrete advise you may share the terms of the contract with us.
Regards
1. If you have a contract digitally signed and agreed by both of you and if he has been found in deviating from the terms set in the said contract, then you can file a suit against him in India seeking specific performance from him.
2. You can also file a recovery suit against him asking for refund of the money you have paid with interest, damage and cost.
3. You can also lodge a police complaint against him for cheating you by avoiding to pay you the money taken from you.
Since there is no response from the designer, you may issue a legal notice to him communicating your decision to cancel the agreement owing to the reasons that you may cite accordingly and demand the refund of money paid to him so far.
Failing to respond to your legal notice, you can initiate further legal action for recovery through a court of law in Bangalore on the basis of the documentary evidences in your possession by engaging the services of a lawyer in local and you can also give power of attorney to someone close to you in India to represent you before court during your absence.
