issue legal notice to pay your dues for taking workshop . if they fail to pay sue the organisation to recover your dues
Breach of trust
I was invited by one of the premiere institutes (of the govt - getting money from MHRD) to deliver two day workshop. I was asked to submit three proposals and quotations from three different agencies (having GST numbers). It was sent to the official id. I was invited to conduct the workshop - two days before the exam. The quote was taken for 250 students. The placement officer requested me to take the workshop in a rush stating that he would issue the work order later. Having faith in the reputation of the college (one of the top brands in the field of Design) I went on to take the workshop. The student turnout was approx 35 - 50 students due to the exam. The placement officer reverted stating that the director would not like to pay the fee as the student turnout was poor. However, on discussion with the director - it was evident that he was not aware of the same and responded by stating that he had approved for two days. The next day Joint Director and Placement officer requested to postpone the program for later some time with a promise that there would be written confirmation. However, despite repeated requests - my sending the minutes of the meeting and emails I have received no response. PS: I have a few WhatsApp messages in which the placement officer has asked me to prepare for the two days (too). The director has stopped the file of the placement officer as he has not conducted the workshop earlier and that's why the placement officer has taken up this route. When requested for Partial payment - Jt director mentioned that I will need work completion certificate. I have been following them for the last month. Neither do they give a fresh date for the second day , not the money for the full one day. Both day's are independent of each other. How can I get my money. Can I put RTI or some other way to get the clarity of the situation. Thanks
Asked 10 months ago in Business Law
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7 Answers
Sending legal notice will be expensive. And can I also request for the second-day money as we have reserved the day for them? And we had to face a loss (opportunity cost). And what ideally would/should be the matter related to legal notice.
Asked 10 months ago
you can request for fees for second day as you had made your self available for taking workshop for 2 days
legal fees for sending notice vary depending upon lawyer engaged by you
In your follow up you say that sending legal notice will be expensive
then just think how much expensive it would be if you were to file a suit against the organization and its officers for non payment of your remuneration for delivering the workshop for one day and for any opportunity cost that you may have suffered due to blocking the second day
your query what should be the matter related to the legal notice - it is best left to be done by the advocate who would issue the legal notice on your behalf after knowing all the facts in detail from you.
what you want from them is essentially known to you - so i really do not understand your follow up query as regards what should be the matter related to the legal notice!
you have not mentioned the quantum of your fee , so i am not able to comment how commercially viable it would be to institute a suit against the organization to recover your legitimate dues [considering your grievance raised in your query is genuine]
if the amount to be recovered is less than what you would have to spend towards legal charges, etc., i suggest you just leave it at that and take it that you delivered the one-day workshop for the students who attended it, for their benefit and welfare. The only positive that can be seen in this case is that the few students who attended must have benefited [i assume] from your workshop
and it should also be a lesson for you that henceforth if you take up any such assignment, you must ensure that there is written formal communication and nothing is verbal
for now, i would suggest to drop any proposed legal proceedings as that will be a fait accompli for you
Without any written agreement or valid contract for this purpose you may not be able to recover any money from them.
However based on the verbal agreements, you can issue a legal demand notice demanding them to pay the remuneration for at least the day by which you had taken the workshop.
Wait for their response for pursuing the matter in furtherance
If they respond or if they refuse to pay the remuneration for the day you had completed the workshop, you cannot sue them for recovery.
In the absence of the work order of any valid contract for this purpose or any substantial documentary evidence to prove your claim, even if you sue the institution, you may not get any relief because it is not maintainable if they refuse to have hired you.
Moreover you seem to hesitate to pay even the legal notice fee, the court fee for money recovery as well as lawyer's fee would be at least four to five times of your claim amount, hence think it over.
Dear client,
In India, the Specific Relief Act of 1963 and the Indian Contract Act of 1872 both allow you to start a legal action by sending a legal notice. Clearly describe the violation of the agreement, mentioning that the director had given the go-ahead for two days and the subsequent nonpayment of dues. Provide supporting documentation, such as emails, minutes from the meeting, and WhatsApp chats. Emphasize the loss that results from making a second-day reservation. Think about sending a legal notice requesting payment by a certain date. Investigate the possibility of bringing a case for breach of contract and damages under the Specific Relief Act in a civil court if the problem continues. In addition, should the institute be deemed a "service provider," you have the option to lodge a complaint with the Consumer Forum. RTI may not be directly applicable in this case because it normally applies to government entities.
Hope this helps you.
If it’s govt undertaking or indirectly managed by govt you can opt for rti
