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Interest Payment On Excess Deduction By Client


29-Sep-2023 (In Corporate Law)
An agency is executing a work. According to contract-agency supposed to raise the bill which will be certified by d consultant for payment by client within 15 days. By mistake escalation was paid for which agency is not entitled. Inadvertently consultant also overlooked.Ultimately it came to the notice of client and client deducted the excess amount from the running bill. In addition client charged interest at the prevailing PLR rate on excess amount so paid. Now agency claims- 1) Excess payment may be recovered. 2)No interest should be charged for excess payment. 3)Rate of Interest prevailing in market should be paid on d recovered interest amount by client from the day the interest component was recovered. Now client side puts up their points 1) Bill was raised intentionally by d agency and took full advantage of inadvertent mistake of identifying d excess amt.Excess payment may be considered as advance& minimum possible interest prevailing PLR. What could be d best solution.
Answers (1)

Answer #1
904 votes
Dear Querist,

As already stated by you that the Agency is not entitled for the escalation price incurred by the Agency but nevertheless check the terms of the Agreement correctly to ensure that the escalation clause is absent in the Agreement.

In the event of absence of the escalation clause, the agency is ought to refund the excess amount.

Now, whether prime lending rate is ought to be imposed or not depends again on the time frame of the incident, any specific terms in the Agreement or if its just a one time incident the client may choose to forgo such PLR in view of the getting the work efficiently done.

For further detailed legal opinion and to ascertain the gravity of the correct situation, I need to peruse the terms of the Agreement.

Regards,
Sohail Haque

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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