Foreign debt recovery agency
Guest
(Querist) 05 May 2009
This query is : Resolved
A foreign debt recovery agency has issued a 'recovery notice' to an indian company threatening legal action for recovery of an amount (for which there was no contract at all!) Is the action of the agency maintainable? What's the remedy available to the indian company? Tks.
A V Vishal
(Expert) 06 May 2009
Dear Sir
What are the facts of the case
Guest
(Querist) 06 May 2009
Dear Mr. Vishal Sir,
Facts of the case :- A company was participating in an international event. Some foreign company (they are not the organisers of the event)has asked the participating company to forward-back (duly signed) certain brochure wherein company they asked to confirm the address of the party for publishing free of cost in their website (within the brochure there was small letters printed which says that 'after a year the publication is chargeable'). Now, based on the signed brochure, the fraud company has raised invoice & seeking recovery. Thanks.
A V Vishal
(Expert) 06 May 2009
Sir,
Agreed that your client has not exercised caution while signing the document, however the vendor has a duty to confirm with your client regarding publication of the client's data in there website, since the free advertisement was for only one year. Your client may repudiate the agreement by asking the vendor not to publish his data. There is an english case law, that such clauses which are not explained to the client can be voidable
