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Can a startup setup by an Indian entrepreneur registered in USA send legal notice to an Indian consumer over recovery of dues ?
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A. yes
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 7 months ago

Hello,,i m mr roshan from ahmedabad..i m civil work contracter..3 years ago i complete one project of around 2.5cr on contract base but company does not paying me full amount..now yet around 25lacs is pending..they r not picking up my phones and they dont meet me..i dont have any valid proof of contract..so now what should i do ?? Plz guid me..
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A. an oral agreement is enforceable in the court of law. Provided, it fulfills other essentials (of Sec. 10) of the Indian Contract Act, 1872 you have to prove it with sufficient evidence. Send a legal notice by a local advocate from Vidhikarya. If they don't reply or pay the remaining balance, then lodge a complaint with the local police station for breach of contract, breach of trust and cheating. Parallely file a winding up petition before NCLT
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 7 months ago

Dear sir, before aim working in UAE, i have lost my job, i have little balance due in credit card, i think that the bank has made legal acction against me, so i have faced travel ban, how my travel ban effect my wife travel to uae .
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A. write to the embassy of uae
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi, I have a interior design and architecture firm based in Baroda, Gujarat. We designed and executed interior and furniture for our client (also in Baroda ) and started works on site after he paid the initial advance amount. As the project developed further we demanded for further funds but he kept postponing the same by using some excuse or the other repeatedly. Currently we stopped work on site however almost 95% of works have been executed on site and even our extra material & tools are also kept as it is on site. When we demand for the payment he now denies to pay us the pending amount and also threatens us not to send our carpenters and painters to the site to recover the left over machines and materials. This attitude of his is creating a lot of problem for us to replay our labour teams and our supplier agencies. The client has been skilfully avoiding our calls and messages, or physical meetings. What are the rightful steps that I can take against the client. Kindly advice. Regards.
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A. Criminal Proceeding: Lodge a complaint with the local police station where the cause of action arose for criminal breach of trust and cheating. Civil Proceeding: Send a legal notice through a lawyer.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I had lended 9 lakhs to an aquarium businessman who at the time seemed to be genuinely in need of money to run his business. I got a written agreement on a normal paper with a witness sign from my end and this aquarium businessmans signature. This agreement stated that he would repay my 9 lacks with an interest of 36% at the time of Rrepayment which was 9 months from the date the agreement was made. Its been 3 months now since i lended him the money. Recently i uncovered that this person had borrowed money from many other people ( most of whome were his customers ME INCLUDED) and promised them the same thing. This person has disappeared and not answering his calls or responding to mails. Is there any legal way to recover my money and what is the procedure. I am just a student and i don't have any money at the moment. PLEASE HELP!
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A. Facts not clear. You did not mention whether you have a money lending license. For your understanding, money lender license is required to deal in the business of lending the money on interest which should not be more than 21% for unsecured loans for non-agri people and 18% for secured loans for non-agri people and for agri people is 12% and 15% respectively. Doing money-lending business without license is illegal and attracts penal provisions under the Money Lending Act. As such any act which attracts penalty under a Statute is forbidden by law and cannot be enforceable before the court of law in view of section 23 of Indian Contract Act as held by Full Bench of Allahabad High Court which is reported in AIR 1994 Allahabad 298 FB. Hence your agreement with him is a void agreement and forbidden by law:- (i) if you don't have a money lending license (ii) if you have a money lending license but you've overcharge him above interest rate of 18%-21% as it is liable for imprisonment for a term that may extend to three years and also a fine that may extend to Rs 30,000. under these circumstances your complaint is liable to be dismissed.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi, My query pertains to a hand loan given to a person but without any such agreement. This loan was given on a trust basis and the issue as such been over more than 10 years old. However, I had kept the mortgage property of the person who obtained a loan from me. My requirement is to sell this mortgage property(no PoA) and recover my dues. Is there a legal way to go about?
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A. Come on paid consultation
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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