Legal Question in Credit and Debt Law in India
I on behalf of my proprietorship firm had provided professional / Technical consultancy to a company from Aug 2011 to Sep 12. quotation mentioning per day fee only was send thru e-mail in Oct 11 as per company employee demand. After completion of work company refused to pay full fee and made only small partial fee on Dec 11 and Aug 12. Bills send in March 12 for payment. No written document given by company. I had only visit details slips signed by company employees. e-mail send to company relevant employees for payment but not responded. final bills send for payment in March 13 thru e-mail but payment not made.
What to do legally which is most effective and efficient method to receive payment
3 Answers from Attorneys
There are two ways, if the debt is undisputed then approach company Court for winding up if disputed approach civil court for recovery and damages.
Feel free to contact for further assistance.
Regards
Setu Niket
Advocate
Delhi
9873109672
31.03.2013
Dear Sir / Madam,
(Galleria DLF-IV, Gurgaon, Haryana)
Unfortunately, it seems the Company has not accepted and acknowledged the per visit fees email that you sent them. But since the Company has availed of your services for which you have acknowledged visit slips, the Company is bound to pay your monies.
You should issue a final reminder for settlement of your dues failing which you may have to file a writ petition in Court.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
Emails are acceptable form of evidence in court. Therefore Company accepted your offer by conduct and is therefore liable to pay you. If it is a corporate entity, issue notice under Sec. 434 of the Companies Act for speedy action.
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