Gilbert R 02 May 2020
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 02 May 2020
CONSIDER THIS:
1. As a Service Provider /Vendor, you are legally bound to complete Clients work within a decided /reasonable time frame, more so when you have committed your services by taking advance payment.
2. IF Client's work is not completed within decided /agreed time frame, THEN the Service Provider is guilty of Breach of Contract /work ethics and the Client is entitled to cancel his work and seek refund. Prosecution can be initiated against you for negligence, deficiency, trade malpractices, etc....
3. It is immaterial /ill-logical to admit, that you even after one year, you have completed only 50% work for such a small assignment. Either settle amicably with Client, or refund his amount, to avoid falling into legal issues.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista (Advocate) 02 May 2020
Submit detailed reply to the client with a request to cooperate and extend time or some other amicable settlement, otherwise you have failed to perform your contractual obligation and client is well within his right to seek refund.
G.L.N. Prasad (Retired employee.) 02 May 2020
And also contact the local advocate and respond to the notice immediately, and avoid direct communication to the client without consulting your advocate.
Adv Rohit Dalmia 9324538481 (Lawyer) 02 May 2020
Hello Gilbert!
In your case you have not clearly mentioned the reason for the deay. was it due to dekay in receiving inputs, instructions or confirmtaion from the Client? which the client have failed to give, even upon your request? if yes, then you have a chance to defend yourself. Else, Client have the right to seek refund from you, the advance paid by him/her.
Regards
Adv. Rohit Dalmia
Shashi Dhara 02 May 2020
P. Venu (Advocate) 02 May 2020
You have the option to reply to Notice denying the volations of the terms, if any and demanding the payment of the balance amount on completion of the work. But introspect - have you not been less than diligent in fulfilling your contractual obligations?
Siddharth Srivastava (Advocate) 03 May 2020
Terms of agreement is required to be examined. If agreement provide then you have to refund the money with agreed interest. Since default and delay is also constituted on their part so sent a detailed reply refutting the allegation. Merely because the other party has not demanded refund ealier does not amount to waiver. The limitation in 3 years in such cases.
KISHAN DUTT KALASKAR (Advocate) 03 May 2020
Dear Sir,
I agree with the opinion of Expert Mr. Dr J C Vashista
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 May 2020
If the client is responsible for the delay then accuse him in the reply otherwise make a settlement beyond the terms of the agreement instead of going to litigation.