• Acceptance to terms of agreement over email

MD of Pvt Ltd Co sent email to an Individual Consultant containing terms of engagement for consulting services. Consultant gave acceptance to this email and started working on company assignment. Consultant insisted MD to provide signed copy of contract. MD replied saying no need for hard copy as digital mail is sufficient. 

After offering services for one month co is not making payment to consultant and denying to adhere terms of engagement. As per terms of engagement on termination consultant is entitled to one time payment against contract. Is this valid contract that can be challenged in court of law. Under what law can this be challenged and is this part of cyberlaw? What action can consultant take against company and under what section to recover payment as mentioned in terms of engagement letter?
Asked 2 years ago in Business Law from Pune, Maharashtra
emaiil exchanged between parties is admissible in evidence . once terms of engagement was sent by MD and accepted by consultant it amounts to a valid contract . 

if company has failed to honour its obligations under contract and refused to make payment consultant should contact a local lawyer . issue legal notice to employer for breach of contract and claim the outstanding dues
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
you have to contact a local lawyer . pay his consultation fees and get legal notice drafted by him . you can issue notice for winding up of company for recovery of your outstanding dues under companies Act
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
no lawyer can guarantee you results of litigation . you have to contact a local lawyer in Pune for said purpose .
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
advocate can only make efforts
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
try and fail but do not fail to try
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
what is the amount involved ? advisable to engage lawyer in pune
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
This is a valid contract and you are entitle to get your money. Because as per IT act 2000 and amendment in Evidence act as section 65B all electronic and digital communications are admissable in evidence.
first of all send a legal notice to company and if they are not ready to pay then file a civil suit before civil court against him for recovery of money with interest and also claim compensation and litigation charge.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
A contract reduced into a digital format bearing the digital signature of the parties involved is under cyber law as valid as a contract whereupon parties sign in ink. The clauses of contract are sacrosanct, and company cannot refuse to adhere thereto. The mutual rights and duties which come into existence after the contract is made are enforceable through court. Since it has explicitly been mentioned in contract that consultant will be given one time payment on his termination it is now impermissible for company to refuse to abide by this clause.

Refusal of company to release the dues of consultant entitles the latter to issue a lawyer's notice through his lawyer and then move a court of law for recovering the same in the manner laid down under law. He may also recover from company the amount that he shall incur on availing the services of a lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Neither we provide a ready made format nor a ready format can ever suffice as the facts and circumstances of every case are different. You are advised to contact a lawyer personally after paying his consultancy fees for issuing a lawyer's notice to company.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
It is unethical and impossible for a lawyer to guarantee a successful outcome of the legal pursuit for which his services have been availed.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Engage a lawyer and set the legal process in motion by issuing a lawyer's notice.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Business Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0