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Puneet Gupta (lawyer)     09 January 2014

Unconditional waiver given, can i still sue the company?

Dear Friends

I have been cheated by a company and now they owe me a large sum of money. However, before giving my payment, they are asking me to sign an undertaking that i have received full and final settlement and that I wouldnt sue them in court. And they are not giving me my full dues.

 At this stage, I dont have any option but to sign the undertaking though they are not paying me in full. But after receiving my payment, can I go to the consumer court and claim the damages and remaining payment.

 Will the court accept my plea though I have earlier signed the full settlement undertaking.



Learning

 1 Replies

Kumar Doab (FIN)     09 January 2014

First of all submit the claim of Bills and payables by company to you under proper acknowledgment and narrate the representations made till date and mention dated, names/designation/name of company/address etc.......................

Thereafter in gentle manner narrate the amounts offered as payment against actual amount..................and request to pay in full.

Record the transactions (audio/visual) during which the less amount is offered as precondition and as ‘If at all you want to be paid’ and thus keep some evidence of blackmail, intimidation, coercion etc..............

If a FNF receipt is extracted by force withdraw it immediately in writing under acknowledgment you come out of office.

The onus is on you.

If possible keep some unshakeable witness (es).

 

The evidence shall help you in all forums.


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