Software Developer not Delivered
10 months ago
I engaged a software developer in India from the UK. He has not met his commitment, failed to meet the deadlines and has not delivered anything. The agreement was hours based, so he would be paid as the project progressed. Now he has failed to deliver I realise this was a bad idea. How can I get my money back, bearing in mind that I am in the UK and he is in India?
A.Dear client,
since you are currently in the UK, you can bring a lawsuit for specific performance against the relevant software developer before the Civil Court with jurisdiction over the matter under the Specific Relief Act of 1963, through your lawyer in India, and demand compensation for damages or financial loss brought on by a breach of contract under Sections 73 and 74 of the Contract Act of 1872. You must consult with a lawyer in the India where your project is being worked on for more information, advice, and to discuss what actions should be made in response to the concerned software developer's breach of contract, which is the failure to complete a time-sensitive assignment.
since you are currently in the UK, you can bring a lawsuit for specific performance against the relevant software developer before the Civil Court with jurisdiction over the matter under the Specific Relief Act of 1963, through your lawyer in India, and demand compensation for damages or financial loss brought on by a breach of contract under Sections 73 and 74 of the Contract Act of 1872. You must consult with a lawyer in the India where your project is being worked on for more information, advice, and to discuss what actions should be made in response to the concerned software developer's breach of contract, which is the failure to complete a time-sensitive assignment.
Helpful
Helpful
Share
A.Dear Client,
The Job of software development work is a commercial activity and being an employer of one software developer can neither be treated as a service provider nor a consumer under Consumer Protection Act, 2019 to claim back the payment made to the person who was engaged for the same through an agreement. Instead, you now being in the UK can file a suit against the concerned software developer for specific performance before the Civil Court having territorial jurisdiction on the subject under the Specific Relief Act, 1963 through your attorney in India claiming compensation for damages or financial loss caused for breach of contract under Sec.73 and 74 of the Contract Act,1872. You need to speak with an Advocate of the concerned place where your project is in progress in India for further clarification/guidance and for the steps to be taken against the breach of contract, i.e, non-performance of time-bound assignment by the concerned software developer.
The Job of software development work is a commercial activity and being an employer of one software developer can neither be treated as a service provider nor a consumer under Consumer Protection Act, 2019 to claim back the payment made to the person who was engaged for the same through an agreement. Instead, you now being in the UK can file a suit against the concerned software developer for specific performance before the Civil Court having territorial jurisdiction on the subject under the Specific Relief Act, 1963 through your attorney in India claiming compensation for damages or financial loss caused for breach of contract under Sec.73 and 74 of the Contract Act,1872. You need to speak with an Advocate of the concerned place where your project is in progress in India for further clarification/guidance and for the steps to be taken against the breach of contract, i.e, non-performance of time-bound assignment by the concerned software developer.
Helpful
Helpful
Share
Read Related Answers
I recently Purchased a second hand car
Dear Client,
Firstly, you need to send a legal notice to the car shop/car dealer and demand them to repair or exchange the car by providing proper legal documents. If they refuse to do so, you can fil...
fraud by mcd and scraper agency
Dear Client,
You can file a complaint to the local police about the incident and ascertain the office of the people posing as members of MCD agency. If the members are legitimate, you can connect with...
Electric pole installation
Dear Client,
approach the electric board of your city and and file for grievances,the electricity board depends from every states like BESCOM etc. since it is a government department, it as to instal...
Format of application file u/s 71 of the Consumer Protection Act
Dear Client,
Section 71 of the Consumer Protection Act, 2019, provides the District Commission, State Commission, and National Commission the power to enforce their orders in the same way as a court d...
Bajaj finance closed my loan and provided NOC but re-open the account
Dear Client,
In the given scenario, serving a legal notice to Bajaj Finance, file a complaint against them before the Dist. Consumer Commission for deficiency in service and unfair trade practice clai...
Read Blogs on Consumer Protection
Consumer Protection Lawyers
Find Lawyers by Location
