Content Letter Not Accepatable to company after 2 years.
Querist :
Anonymous
(Querist) 10 March 2010
This query is : Resolved
Sir,during december'06,I have done some work for one company at consideration of Rs.ABC/-. I have sent a letter to the company during Dec'06 contain the follwoing 3 matter:
1) My demand for Rs.ABC/-
2) One future demand i.e. if the same work has been redone after 3 years i.e.Dec'09, company has to pay me an amount of Rs.XYZ.
3) Acknowledgement for the same(above) as
"kindly acknowledge the same".
Accordingly, company has paid me a cheque for Rs.ABC during Dec'06 (as per my letter content 'A').
Further, the company has acknowledge the said letter by putting a signature of company official and the rubber stamp of the company (as per letter content 'C')
Terms 'B' has to be fulfilled in future i.e.Dec'09, if same works get redone.
Surprisingly, during Dec'09, the same work has been get redone,but company refused to make payment of Rs.XYZ (as per the terms No.2 of the letter drafted & acknowledged in Dec'06). Company now (during Jan'2010) state that signature and rubber stamp on the letter (Dt.Dec'06) is only an acknowledgement for the receipt of the letter and terms No.2 WAS NOT ACCEPATABLE TO THEM. (company has not rejected any of the contents of the letter till Jan'2010).
After my efforts of 3 months and on my failure to receive the amount from the company, I have served a 21 days Notice to the company through my local lawyer under section 434 of the companies Act'1956.
Sir, please advise me whether I proceed further in the matter, if company doesn't pay me the XYZ amount within 21 days and remain stick to his stand.
Awaiting for your reply.
Thanks.
Raj Kumar Makkad
(Expert) 10 March 2010
Your stand is proper and legal. The company is deficient to follow the unrebutted term of engagement so it has to pay silently agreed amount.
