Is it possible to sue a IT company

608 votes

Well, anyone can sue anyone else i.e. everyone is entitled to file a suit against another person provided that such person is major and of sound mind. Even in other cases, representatives can sue on behalf of minors. There are basically three kinds of causes of actions for civil suits:

Breach of contract: Where the cause of action is founded on one party not honouring the terms of a contract, the aggrieved party can file a suit against the one in breach for damages i.e. compensation. Examples of this could me non performance, delayed performance of substandard performance of contractual obligations.
Breach of trust: Where a trust is created for the benefit of a person (beneficiary), the beneficiary is entitled to sue the trustee i.e. the person entitled to administer the trust property on behalf of the beneficiary, if he does not comply with the terms of the trust or misappropriates the trust property. So, if X creates a trust under a will for his son Y such that his friend P holds some money and spends it for bringing up Y, and if P gambles away this money, Y can sue.
Tort: Tort is a civil wrong that does not amount to breach of contract or trust. Causes like negligence, defamation, malicious prosecution fall within tort.

So your first step is to determine whether you have a cause of action. Then you find a lawyer who will prepare the plaint (whiich is your statement of claim) for you and file it in court after paying the appropriate court fees. Based on the kind of claim and the value of claim, different courts would have jurisdiction, so you would need to figure that out as well. Also, special fora are constituted under different legislation for specific claims. For instance consumer complaints are to be presented to the consumer forum, rent control claims are generally heard by the small causes court, power purchase agreement cases before the relevant regulatory commissions etc. In such cases, you won't be able to file a suit.

The Civil Procedure Code, 1908 sets out the entire procedure for filing suits in court. If the suit is filed in the High Court, the relevant High Court Rules apply. Also, presidency town High Courts i.e. Bombay. Madras and Calcutta have certain Letters Patent applicable to them which prescribe some procedures.

So this is as far as an pretty brief broad overview of the procedure is concerned.

Your main question I think is about maintainability of suits. Well I can tell you for a fact that courts in India are quick to throw out frivolous suits. Indirect consequences of acts or omissions do not entitle the plaintiff to relief usually. So you don't have suits where a guy gets huge compensation for coffee being too hot. The questions involved in contract law are a bit more complex, but suffice it to say that for a breach of contract you are usually compensated for direct consequences of the breach but not indirect.

The usual remedies in a suit are damages i.e. monetary compensation, partition of property, injunction i.e. stopping a person from doing something, specific performance i.e. requiring someone to perform a contract

The costs involved are lawyers fees and court fees. This differs from court to court, case to case, lawyer to lawyer.

This answer is pretty broad I know, but there are too many variables involved so it may be more useful to provide specific queries.

Advocate Siddhant Sharma LawRato

739 votes

Yes you can file a civil case against anybody there is no bar to file a suit to present at place.
You have to give power of attorney to your reliable person or you gave petition to your advocate notriazed with Indian embassy.

LawRato LawRato