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niyas ahmed   13 November 2023

Suit filed on us for pending payment for unsatisfactory work provided by the designer

We have hired a designer to provide us a web design & branding for our company. We have mutually agreed for 150000.00 

Designer told to pay 50% advance and we paid 50% advance. 

After 4 months with multiple delayed dates ,designer finally showed the presentaion and we were not satisified with the work and he immediately wanted us to pay balance 50% 

After a month , we informed his that we are not ready to pay full balance amount as we are not satisfactory and after several negoatiations , we told we'l pay 35000/- + tds and release of the brand documents and he agreed upon and we asked for a letter and he sent it . That is we have paid almost 75% of total payment

After paying, designer rather sending us the relevant brand documents instead he sent us a termination document stating that as a brand convention document and he has twisted with his words 

latter we served a legal notice for recovery of documents and there was a mediation between us assisted by both of our lawyers and he insisted to pay 2 lakhs as delay & non payment of balance payments has caused him damages and we have not agreed

designer has initiated a ligitation against us on delhi and we live in tamilnadu

 

NEED SOME ADVICES ON THIS TO PROCEED

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 November 2023

If the work or the project was taken up in Chennai then you can get the litigation transferred to Chennai based on the jurisdiction issue by filing a transfer petition before supreme court.

If it is in Delhi, then you may have to challenge the same in Delhi through a local lawyer on the basis of merits documentary evidneces  in your possession


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