• Website services not provided properly

Dear Sir/Madam,

4 Years back we started one pvt ltd company and due to financial issues we closed the company(Company is under Strike-off status). we developed website for one school and we charged Rs. 8000/- for it. Initially they gave us Rs.4000/- only as advance. for few months everything went well and due to financial issue we closed our office and closed the website too(due to unpaid to website domain name). after almost one year we started the website again but we dont know weather that school knows about this or not? we were not in contact with them. Now i want to close the website completely and i want to return Rs.4000/- to them which is taken as a advance.

So my questions are..
1). What i have to do in the above case?
2). After long time i am returning money,dose it leads to any problems.
3).what legal action they can take on me?
Asked 6 years ago in Business Law

9 answers received in 1 day.

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10 Answers

I don't think that there would be any problem. Yhe school is not demanding the money. You yourself are returning it as you haven't delivered on what you promised. Therefore first of all fix an appointment and meet them then discuss the issue and then proceed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is no question of returning money 

 

2) you had done work for which you have not been paid in full 

 

3) only 50 per cent payment was received by you 

 

4) you are at liberty to wind up your company 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

1. Sir you have provided the service and also complete payment was not received so you don't have to return the money. Company is already striked off , so you can close it.

2. If you wish can return same though not required under law to do so.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Nothing just close it. No need of return. 

Or as a precaution, raise demand notice that you are willing to hand over the website to them subject payment of remaining amount with interest. If they failed to make payment within 7 days. Website will close forever.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

1. Since the school authorities have not taken any action against you in the past on this,  any action taken by you to return the amount may not be seen in the good sense,  hence better remain silent and you may wait for them to contact you so that you can negotiate in terms of waiver of interest on it to return the amount. 

2. See the above answer. 

3. Since this is barred by limitation they may not be able to take any legal action against you on this at this stage. 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

At this point of time where you have no data if the school in interested in this web site you need to go ahead and close the site and not advisable to return the amount as well.

The case is time barred 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. On non payment the domain is likely to be closed by this time. So if you did nothing for all these 4 years then I am certain the website you developed must been struck off and they have been running another website.

2. Since all these 4 years you kept your silence , at this stage you can at your inconvenience close the operation .

3. So there is no requirement to refund their money nor doing anything extra for them. Continue your usual operations with regard to other clients. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. Send them a notice regarding closure of website on ground of non payment of dues for service provided to them. 

2. No need to return the money as they have already used the website for more than they paid to you. 

3. They cannot take any legal action against your company as they have defaulted the payment towards your service. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

suit can be filed within 3 years from the date of cause of action having arisen. .

You had done your job then why are you returning money.

You may issue a legal notice for remaining amount amount .

 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

You can return the advance to them there will be no issue in that case. 

Prashant Nayak
Advocate, Mumbai
34586 Answers
249 Consultations

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