Own Acknowlegment Refused by Company....
Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
Respected Sir,
On 1/12/2006,I have acted as Broker for a Limited Company(Presently Listed on the Bombay and National Stock Exchanges) for procuring one premises on rental basis for a period of 3 yrs.It was decided that I shall be entitled for a Brokerage equivalent to one Month rent. Further, it was also decided that in case of the renewals of the said agreement after a period of 3 years,if take place, I shall be entitled for a Brokerage equivalent to one month rent. The company Executive has advise me during december'2006 to prepare a debit note for my Brokerage Amount with the inclusion of renewal terms. Accordingly, I have prepare a debit note on my letter head Dt.01/12/2006, as under:
___________________________________________
Date: 01/12/2006.
To,
Company Name & Address.
Dear Sir,
Being your a/c has been debited with an amount of Rs.55000/- towards leave & license Brokerage for the office permises situated at.....(address of premises).
The Brokerage at the same rate i.e. one month rent is to be payable in case of renewals, if any, take place in future.
Please arrange to pay the same.
Kindly akcnowledge the same.
Thanking You.
Yours Truly,
Signature:_____________
___________________________________________
Accordingly, the said company has paid me a cheque for Rs.55000/- during 1st week of december,2006 and acknowledged my above mentioned letter by 1)Signature of the Authorised Signatory 2)Putting a official Rubber Stamp of the Company.
(Nothing else has been written on the said letter by them while giving the acknowledgement)
There after, we do not have any kind of communication with each other till Mid of 2009. The said Company Executive, who has decided the terms with me has left the company in 2008.
The said premises was due for renewal on 01/12/2009 and on my being informing the newly appointed Exectives about the said terms for renewal, they refuse to accept it by stating by E-Mail on 17/11/2009, that rubber stamp and signature of the Executive on my letter dated 01/12/06,
'is only an acknowledgement of the letter having been received by us and is not to be taken as a confirmation in acceptance.'
On the same ground, the said Company is refusing to pay me a renewal Brokerage of Rs.67000/- which has already been due since 01/12/2009.
Sir, please advise me on the above matter.
Thanks.
Raj Kumar Makkad
(Expert) 07 March 2010
Serve a legal notice to the company through a local lawyer failing which file a civil suit for recovery.
