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Banumathi Chandramohan   29 August 2021

Paymet not received for work done in good faith

I'm a sole propreitor doing interiors business. I exeuted contracts for retail industry. In one such occasion, I was asked to renovate the residence of a companys' MD with whom I was doing projects. Since this is a personal work (residence and not official), there was no PO and the work was executed on good fiath. The company project manager was liaising between me and MD and used to give us cash as and when we do the work. All the communications were made in whatsapp message. Since the MD was not there, I have put my money out of my own pocket and completed the work. Of the total money spent I'm yet to recieve apprx.2 lakhs. The work was executed in Dec'19 - Feb'20. All these days the project manager was saying that he will talk to his MD and get the money settled but nothing is moving. I have sent a voice message explaining this to the MD and also an email in support of the outstanding amount. But absolutely no response. Can you suggest how this can be taken legally. 

The only evidence avauilable is the messages communicated over whatsapp whcih clearley states that money will be returned. 

Your advice is much appreciated



Learning

 3 Replies

Pradipta Nath (Advocate)     29 August 2021

Get your materials removed from the MD's house and serve him and his project manager in their personal capacity a legal notice claiming compensation.

Satyam Mishra   29 August 2021

Serve both of them legal notice if still nothing happens file a recovery suit against both of them.
will be able to advice better after going through whatsapp conversation.

Regards
mishrasatyam6804@gmail.com

SUCHETA SAHA   30 August 2021

you don't have any contact about that work but you have done it with good faith and you have whatsapp messages regarding so it can be regarded as a valid contract between you & MD.
1) So you can file summary suit under order 37 of the court of civil suit. it works quite fast. First of all you need to send a legal notice to MD and his agent.
2) you can return all your materials from MD's home
3) you can also file a fraudulent suit because of his dishonest intent under 447 of Companies Act 2013.
4) you can also file a police case.
Thank you.

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