MD of Pvt Ltd Co sent email to an Individual Consultant containing terms of engagement for consulting services. Consultant gave acceptance to this email and started working on company assignment. Consultant insisted MD to provide signed copy of contract. MD replied saying no need for hard copy as digital mail is sufficient. After offering services for one month co is not making payment to consultant and denying to adhere terms of engagement. As per terms of engagement on termination consultant is entitled to one time payment against contract. Is this valid contract that can be challenged in court of law. Under what law can this be challenged and is this part of cyberlaw? What action can consultant take against company and under what section to recover payment as mentioned in terms of engagement letter?
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emaiil exchanged between parties is admissible in evidence . once terms of engagement was sent by MD and accepted by consultant it amounts to a valid contract .
if company has failed to honour its obligations under contract and refused to make payment consultant should contact a local lawyer . issue legal notice to employer for breach of contract and claim the outstanding dues
I wish to share the engagement letter for your reference and request you to comment on it. Please provide me with your mail id. Is this Civil suit or Criminal suit. What notice do i need to send to company and under which section for recovery of my dues. Is cyber law applicable to this situation ?
There is no employer employee relationship in this agreement. It is purely Service provider (consultant) and service receiver ( company ) relationship. Any particular format for notice ?
you have to contact a local lawyer . pay his consultation fees and get legal notice drafted by him . you can issue notice for winding up of company for recovery of your outstanding dues under companies Act
Sounds great... I request you to go through the terms of contract and then quote fees accordingly. Is there guarantee of winning suit and how much time it takes for recovery
no lawyer can guarantee you results of litigation . you have to contact a local lawyer in Pune for said purpose .
Any reference in pune ? Can you fight it from mumbai
advocate can only make efforts
I agree with you sir. Based on the facts of case I mean if it is one sided then there are 100% chances of winning
try and fail but do not fail to try
what is the amount involved ? advisable to engage lawyer in pune
This is a valid contract and you are entitle to get your money. Because as per IT act 2000 and amendment in Evidence act as section 65B all electronic and digital communications are admissable in evidence.
first of all send a legal notice to company and if they are not ready to pay then file a civil suit before civil court against him for recovery of money with interest and also claim compensation and litigation charge.
feel free to call
A contract reduced into a digital format bearing the digital signature of the parties involved is under cyber law as valid as a contract whereupon parties sign in ink. The clauses of contract are sacrosanct, and company cannot refuse to adhere thereto. The mutual rights and duties which come into existence after the contract is made are enforceable through court. Since it has explicitly been mentioned in contract that consultant will be given one time payment on his termination it is now impermissible for company to refuse to abide by this clause.
Refusal of company to release the dues of consultant entitles the latter to issue a lawyer's notice through his lawyer and then move a court of law for recovering the same in the manner laid down under law. He may also recover from company the amount that he shall incur on availing the services of a lawyer.
Neither we provide a ready made format nor a ready format can ever suffice as the facts and circumstances of every case are different. You are advised to contact a lawyer personally after paying his consultancy fees for issuing a lawyer's notice to company.
It is unethical and impossible for a lawyer to guarantee a successful outcome of the legal pursuit for which his services have been availed.
Engage a lawyer and set the legal process in motion by issuing a lawyer's notice.