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?
3 Answers from Attorneys
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.
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.
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.
Related Questions & Answers
-
Interest / Late Charges added to invoices I have a contractor agreement with a web... Asked 12/16/08, 2:33 pm in United States Georgia Business Law
-
Profit sharing I worked for a company for ten years. I left this company three years... Asked 12/16/08, 12:17 pm in United States Georgia Business Law
-
License agreements Hi, I am a handbag designer of high end handbags. My business is... Asked 12/14/08, 4:53 pm in United States Georgia Business Law
-
Material cost In the state of ga if a company is contracted to do a job is there a... Asked 12/13/08, 2:00 pm in United States Georgia Business Law
-
Law suit against the business Hi, I was the president of a business which is closed.... Asked 12/11/08, 9:38 am in United States Georgia Business Law