Money not paid by company against services received
I am an Architect. I was approach for civil and construction work. They asked me to prepare first trial leyouts. I have visited their site and prepare 3 layouts. after that they asked me to prepare BOQ for the same. I have sent that also. After that they asked me to to modifications in the layouts and again call me for another visits to their site I prepare new layout send them. again they contacted and asked for some more changes..My 12th version of layout was accepted by them.. After that they asked for another List of BOQ. I have also sent it to them.. After they messaged me that we not want to go further with you and your are rejected for further civil work.. Then I raised a Rs. 350000 bill for my services which I rendered in last two three months.. and gave several reminders but they don't want to pay me for that and told me that we don't have any written agreement for this and max we can pay you Rs. 100000.. From my sources I came to know that they have my layouts to other contractor for further work and they are using my 12th version of layout for further construction work with little further modifications.. I feel like cheated by the company.. Please suggest me further way hoe can i get money paid...
Asked in Business Law from Gurgaon, Haryana
1) issue legal notice to company to pay your dues
2) if company fails to do so file winding up petition against the company
3) also file summary suit to recover your dues
It is not necessary that every contract should be in writing. Oral agreement or conduct of parties alsoconstitutes valid contract.
In your case he is bound to obey the contract between you because by their conduct both parties are agreed to form contractual relation.
If there is no written terms then both parties rights are decided by the customs of business.
In devoid of terms and conditions party cannot raise objection because he is by his conduct shown his consent to bear all genuine fee and charges.
File a civil suit for performance of contract, you have right to sue.
You committed a mistake by not entering into an agreement with them which laid down the mutual rights and liabilities. Be that as it may, the absence of a contract does not preclude you from filing a lawsuit for recovery of money against them. So issue a lawyer's notice and if the amount is still not released then file the lawsuit in the court.
If you have been rejected by them, then you should have demanded your latest version of the work you had submitted to them. Even now it is not late, you can demand the return of the latest project work and warn them to sue them before court if they do not return the 12th version of layout and are intending to use it for some other projects of their own or planning to sell it off to a third party.
The legal notice should be a strongly worded one.
Actually speaking since you do not have any written agreement with them, it is better to accept whatever they offer and also demand the return of your original 12th version layout.
Issue a legal notice to them through your counsel and demand your money if they are not making the payment within notice period then you may file a civil suit for recovery against them before civil court and also claim an amount for your harassment and also litigation charge with court fees.
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Advocate, New Delhi