casual
Perumal Prabhu
(Querist) 24 October 2009
This query is : Resolved
Sir/Madam
Please give me your views in the issue mentioned below:
we sent a letter of acceptance (LOA) to an agency on 8/7/09. the contract is for supply of materials and the validity of the offer is upto 11.07.09. the LOA reached the address of the agency on 10.07.09 but could not be deliveder by the postal authorities since the door of the agency is locked. The letter was delivered to the agency on 15.07.09 (after the dste of validity). The delay in delivery of LOA is not due to our administration but only due to the agency. Now the ageny has refused to accept the LOA since it ia time barred. A risk & cost tender was floated and the order was placed to another agency. we tried to recover the risk amount from the defaulted agency but the agency has issued a legal notice stating that they are not responsible for the delay caused and cannot pay the risk amount. under this circumstance plesae give me suitable suggestion to recover the risk amount.
DD Sathe
(Expert) 24 October 2009
Act provision:
"The communication of an acceptance is complete -as against the proposer, when it is
put in a course of transmission to him so at to be out of the power of the acceptor;
as against the acceptor, when it comes to the knowledge of the proposer."
Acceptance from your side is complete within validity and hence you have merit in the case.
All the best.
adv. rajeev ( rajoo )
(Expert) 25 October 2009
Issue a notice to agency to refund the amount explaining the reason to issue the notice, if agency failed to refund your amount within time given for payment, then go for civil suit for recovery, you have got good case.
Adinath@Avinash Patil
(Expert) 25 October 2009
ISSUE LEGAL NOTICE TO AGENCY TO REFUND THE AMOUNT THERAFTER YOU CAN FILE CIVIL SUIT FOR THA SAME.
Shashikant V. Patil
(Expert) 25 October 2009
Yes our Ld friends above all are correct to take necessary course of action i.e. 1) Issue a legal notice and then file 2) Civil suit for recovery.
Sachin Bhatia
(Expert) 25 October 2009
Issue a notice to agency to refund the amount if agency failed then you can file civil suit for recovery.
