mobile handset distribution agreement was verbal ..breach of
sanjay
(Querist) 11 July 2010
This query is : Resolved
i have taken Mobile handset distribution from a company in april 2007 initially on verbal communication of term n condition ..that was requested to be send me in written after word .. but company didn't send written aggreement .. but business keep continued
these T&C include stock return if i leave the Distribution ..
when commitments were not fullfillin by the company .. i convey it to their ASM to resign form distribution if commitments are not fullfiled .. then time passes from there side to take decision .. niether solve th prob nor taken stock back.. in Dec 2006 i met with RSm at there office he convice me to solve the issue to continue business .. we continued from Janury 2008 again n they showing with actions and word as they trying to solving old issues and liquidation of old stock ..in this they made our some stock trasfered to another distributor with promise to get money in some time ...in Sep 2008 they rejected my all claims of last one year with written letter {before tht they never denied our issuedn claims} and simultaneously fired there old staff one by one ... after that i had several meetings with Dupty chairman and other in this regard..
again I am assured to credit money of some of my claims and stock returned before and also solve other issue like to get payment from their other distributor to whom stock transferred and to liquidate or return stock with us ,,, in january 2009 some money credited in my account in their ledger but nothing done after that ..
now company has close down ther mobile handset operation and making excuses in makin payment of my credit balance
i still have stock tht company and whose market value is nothing
what remedy i can go for
is it specific perfomance ?
recovery for my credit ballance?
breech of contract?
or there any criminal proceeding like fraud or 420 can be filed against the company
it take was credited
i have consulted many lawyers but no one can give satisfactory solution ,,
my all money and carrier on stake.. even i went in to depression once
plz advice me
i will be very thankful to you
adv. rajeev ( rajoo )
(Expert) 11 July 2010
it is recovery of credit balance. You cannot contend breach of contract because except verbal agreement you dont have in writing.
Chanchal Nag Chowdhury
(Expert) 11 July 2010
1st: File a complaint to the police. Proceed to file a case u/s 156(3) Cr.PC. if no action is taken with charges u/s 420 IPC. & others.
2nd: File a civil Suit for recovery of money.
There is no question of specific performance.
Note: Get all the evidence at your disposal.
Mere absence of written agreement is no bar. Your transactions can be proved by other means e.g.,Bank A/C, Delivery Memos, Sales etc. Move fast, otherwise all may be lost due to the laws of limitation.
N.K.Assumi
(Expert) 12 July 2010
Oral agreement is permissible in law. 20006(2) Apex Court Judgments 625 (S.C)
