• App development delay one year plus

Hi, my name is vinit sharma and im an australian .
i engaged an app developer in Pune , india to do my app design.. i was given a contract on 15th July 2015 and in that contract it was said that the app will finish in 8 weeks,
the payment commenced ( half payment ) has been made. They have gone way past the due date. They have changed so many workers and keep coming up with excuses to delay the project.
Things were going very smooth untill one of there developers left, then they hired another one, who i think also left. Now they have another one i think ( as per there side of story)
i have tried to contact my lawyers in Australia but because its an international contract based from India they said i would be able to sue them from a lawyer in India.
I would like to Sue this company for falsifying the contract, delaying my app and also for all the headache and agony they have cost me so far and not forgetting the amount of money i may have been able to make from this app till now. Im still in contact with them. they told me that the next concept build will be in July this year but now its August.i am so fed up with all this , I dont know what to do as i have no jurisdiction to sue them from here. please email me on v_designs@live.com.au if possible or contact me on the number below on how i can tackle this whole situation. Your help would be highly appreciated.
Asked 4 months ago in Business Law from Australia
1) it s necessary to peruse contract signed by you with Pune company  to   advise 

2) contract would contain clause as to jurisdiction in the vent of disputes arising between parties

3) you can sue the app developer for damages if they have failed to complete project on time 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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Hi 
You can choose to file a suit in australia or india. 
Assuming you have made payments from Australian, courts in australia are preferred for speedy disposal, higher compensation for damages etc. 
Indian courts are also a good option, but it is slightly time consuming. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Dear Mr. Sharma
First of all issue a legal notice to them and demand your money back with the interest and compensation for mentally and financial harassment. If they are not ready to settled the matter amicably then file a civil suit under specific performance act in india where they are registered office or business office.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
You can take steps for breach of contract, not rendering proper and timely services, delay in completing project, amount received unjustified, damages, compensation headache and agony mated to you and interest etc.,  First of all you send a letter and as well as email narrating the facts of contracts, your required app, their delay and thereby causing huge loss, reputation, headache agony mated to you and seeking refund of amount along with interest, damages compensation etc., Still they wont react then you have to approach concerned district / state consumer forum. You will be succeed at consumer forum by getting back your money paid along with damages, compensation, interest  etc., apart from this this news will be appeared in media which will be a great draw back to them.     
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
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 I dont know what to do as i have no jurisdiction to sue them from here. please email me on v_designs@live.com.au if possible or contact me on the number below on how i can tackle this whole situation. Your help would be highly appreciated.





You can sue the developer through a consumer forum for the delay in the service, for the loss you have experienced due to their lethargic attitude, claim compensation for the losses you suffered as also for the mental agony you had to undergo.

You can file a suit in a civil court for recovery of damages due to their act of breach of contract for which you suffered severe losses. 

If you are not living in India, then you can authorise anyone in India to represent and prosecute the case on your behalf during yor absence. 

Last but not least, it would be better you pick up one of the lawyer of this forum or elsewhere and engage their services instead of asking someone to call you or to write to you to take up your job. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. Was there any penalty clause in the agreement for delaying in completion of the project? Was there any clause in the agreement stipulating that the agreement will be treated as canclled if the project is not completed with in a specific period?


2. In the instant case, you are the Consumer and the Developer is the Service Provider as per Consumer protection Act, 1986,

3.You can file a consumer complaint before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice demanding refund of the entire amount paid with interest, damage caused for not complying with the agreed terms of the Contract and also cost for seeking legal intervention,

4. You can authorise any body in India to file and pursue the above case by executing and registering a POA in his favour before the appropriate officer of the local Indian consulate,

5. Consumer Court are found to dispose of cases much faster than other Civil Courts in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. They are liable to be sued in India for the specific performance of the contract i.e to seek court's directions to them to honour their contractual obligations and also compensate you for the loss and mental agony suffered by you. Alternatively, you may claim damages on account of breach of contract. As a first step in the legal process, serve a lawyer's notice to them through your lawyer in India. 

2. The jurisdiction would lie with the competent court in India.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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