Yes you can certainly take legal action against them and claim compensation for mental agony and torture.
Can a contract be termed null/void if am not provided my copy?
I entered into an Income Share Agreement (ISA, from here on) with a company wherein they'll provide certain services free of cost and then help me get a JOB worth over, say, X lakhs, upon which I will have to pay them y% of my salary per month for a period of Z years. Now they failed miserably in their task of providing me the said services and neither were they able to get me a job worth over X Lakhs. I have been asking them for my copy of this ISA, which they should have provided to me within a week of me signing it, for over 4 months now! They still haven't provided me with the said ISA. I also have reasons to believe they may have misplaced the said ISA. Now I have two doubts, 1. If they haven't misplaced the ISA and still failed to provide me with my copy for so long, what are my legal options? What can I do? 2. If they have misplaced the ISA, is it now null and void? Since they haven't given me my copy, can they, if they find it in near future try to enforce it again? Although the services they promised to provide were free of cost, I still had to quit my job and move to their city and spend money on living expenses etc. And then they failed to provide the said services, and failed to full-fill their obligations, in a proper manner. Can I take any legal action against them to remunerate me for the loss of my time and money?
Asked 6 years ago in Business Law
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18 Answers
1. YES. You can file for damages & compensation for your losses resulting from violating the ISA, PROVIDED you have some supporting documentary evidences of any kind.
2. Serve a Legal Notice to the Co. and wait for response. Herein some evidence would be created .OR. the Co. would back down and provide you the promised job.
Keep Smiling .... Hemant Agarwal
1) issue legal notice to furnish copy of ISA
2) agreement is not null and void
3) in event they seek to enforce the agreement you have to take the plea that they have committed breach of contract and claim damages
- You have two options--- a) to sue them for specific performance of contract or b) to sue them in consumer Court for deficiency in service.
- Which of the two options Best suits your case can only be suggested to you on exhaustive consultation. I'm based in Mumbai/Navi Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation.
- I'm willing, not just to advice you, but also plead your case before the appropriate court as your counsel (Advocate). So do pay a visit
Hi,
If the contract was signed and even notorised, you may sue them and ask for your compensation.
Even if they provide you the copy of ISA, its not enforceable. This agreement is without consideration. No money no compensation. Until you not join job through them, cannot do anything against you. Write them a mail to revoke ISA forthwith.
- Since, they not provide you the copy of the said ISA, then what proof you have against him , and for the conract entered by you both parties.
1.Without having any copy of the same , you cannot take any legal action against him as per law.
- However, you can send him a legal noitce for the breach of contract , and for the reimburse of the losses.
2. Yes, if misplaced , then it will treat as null and void in the absence of contract /agreement proof.
- Further , you are not bound to wait for his services, hence he cannot take any legal steps against you.
Issue a legal notice through an advocate and claim damages as per law.they have committed breach of contract .
1. First of all whether the said agreement is by a registered deed or is it an unregistered agreement?
If it is an unregistered document then it has not legal validity and cannot be enforced.
2. In my opinion the agreement what you have entered into may not be legally enforceable because it is made by an unregistered document.
If it was made by a registered document then it would involve stamp duty, did you pay any stamp duty?
If it is a registered document then it can be enforced, if you dont have the copy then you can obtain a rectified copy from the registrar's office.
Basically the agreement may not be enforceable because of the conditions based on the future and imaginary concept.
A contract will not become null and void only because one party doenst have copy of contract.
You should send a legal notice to company for providing copy of ISA.
But you should try to extract copy by some other means because they may know that you are planning to take legal actions against them that is why they are not providing you copy and in absence of copy contract you cant claim any compensation from them
There is a clause that state if amicable resolution is not met, then a sole arbitrator mutually appointed by the parties will settle the dispute according to the Arbitration and Conciliation Act 1996. Will I be forced to be apart of Arbitration? Or can I refuse Arbitration and move to court instead?
Asked 6 years ago
arbitration clause is binding on parties
you have to participate in arbitration proceedings
- If there's an arbitration clause, you can avoid arbitration. I'm willing to represent you before the arbitrator too, as your counsel.
You have a chance to move court even before the arbitrator is appointed to setle this dispute.
If you are aggrieved by the orders passed by the arbitrator you can even prefer an appeal to set aside the orders.
1. You can create some sort of dispute about the person who was appointed as sold arbitrator. This would not amount to "mutually appointed" and using this dispute criteria, you would be able to move court for your purposes. This is more advisable, since the arbitrator is usually more biased towards the Co.
Yes you can initiate arbitration in the said case
If you refuse to appoint arbitrator than he can approach HC for appointment of Arbitrator, than it will be more expansive as high fees cahrges by arbitrator.
Hi,
If there is an arbitration clause, no court is empowered to take the cognizance of the matter, however you may raise your grievances under purview of the arbitration act only.
you have to participate in arbitration. The arbitration award shall be final and binding on the parties.