Niranjan V (business) 09 April 2009

Breach of Contract

We had signed a contract for 12 months with X communication service company for render calling services to its customers. We dialed for 2 months and 3rd month they made the payment for 1st month. Again we dialed for another 3 months total 6 months and when we started asking for the previous payments they started complaining about the quality of service and stopped giving database for calling with out any written or oral notification. When we asked, they replied orally we have stopped the service. We approached lok adalat for settlement and lok adalat dismissed the case after several hearings for almost 8 months. Then we appraoched high court by apply writ petition which was discmissed without reading or asking the issue. We thought they might have ignored and we applied for writ appeal which was also dismissed after pending for 6 months. Now we dont know what to do and where to get the justice. The x communication company has breached the contract which was signed by them. Any experts please guide us what to do next. Thanks - Manoj

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3 Replies

sreedhar (advocate) 09 April 2009

Hi,

Better you file a suit under specific releif act and for recovery of payment also if your claim is genuine that they breached the contract.

Regards,

Sreedhar.R

Niranjan V (business) 11 April 2009

Thanks a lot Mr.Sridhar for your valuable advise. We will action as per your advise

- Many thanks Manoj

Sorry by mistake i pressed on 'no thank' button.

samrat chowdhury (advocate) 19 September 2009

Mr.Niranjan,

I fail to understand why was a writ petition filed. The writ jurisdictionof a high court can only be invoked if the respondent had been a government company,I suppose that the communication company is a private company in which case the High court will not entertain the writ application. Since there is a contract endorsed by both you and on behalf of the company with respect to the payment arrangement, I presume that a bill was issued in lieu of the payment received, a copy of which i presume you have. You said that they have refused to make any payments, has they caused a letter in this regard ? if they have not ask them to cause a letter in this respect as that will become an admission from them. and you serve them a notice to advance payment through registered post.

You have not mentioned when this contract was signed and since when the payment is default...if the time period has not exceeded 3 years, you file a money suit for recovery of dues under the provisions of the Specific Relief Act 1963, for breach of contract.

S.Chowdhury

Advocate.