Legal Question in Business Law in Georgia

Law Suit for company based in India

Hello,

I'm a u.s. citizen, living in Atlanta, GA. I have hired a company to do some programming for my website. Company is located and established in India. I have paid 3 months in advance even though it didn't say that in their contract and I'm not satisfied with their work so I want remaining balance as refund. They said there is no refund policy but it wasn't mentioned anywhere in the contract. Can I file a law suit against them even though they are in India and I'm in U.S.A?


Asked on 12/17/08, 8:33 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Law Suit for company based in India

You didn't say how much money was at issue, but how are you going to collect? How much of your time is it worth to get a pice of paper that is likely worthless, unless you spend countless hours and expenses trying to collect? As far as refund policy, you should assume that there are no refunds unless it is in the contract (or posted in a store, etc.). Regardless of these issues, this was exactly the risk you accepted when you made the payment.

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Answered on 12/17/08, 8:38 am
Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: Law Suit for company based in India

You could be able to seek recovery against this company, depending upon their location and the verbage of your contract with them. Such recovery could be sought in US court, an Indian court, or even through binding arbitration, depending on the exact facts. Beyond being a breach of contract, this strikes me as a simple case of unjust enrichment, a concept common between US and Indian Law by virtue of their common British past.

With that said, it will almost certainly cost you far more than the value of this contract to attempt recovery. I thought your original message said that the amount you paid was $1,000.00?

Feel free to shoot me an email and we can discuss the matter further in more detail.

[email protected]

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Answered on 12/17/08, 9:45 am
Tom McLain AirWatch, LLC

Re: Law Suit for company based in India

These sorts of situations can be highly frustrating. The simple answer is that there is likely a way to file suit against them here. However, my guess is that the amount in controversy is small enough that you could wind up spending more that you have lost in attorneys fees. If you'd like to discuss details, please feel free to contact me.

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Answered on 12/17/08, 9:48 am


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