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How to recover money in the following case?
10-Jul-2023 (In Recovery Law)
i did someone's work but no amount was agreed before doing the work and now the second party is not paying me enough for the work done. Can i recover money from the second party according to my choice according to indian laws?
First of all you need to send a compulsory legal notice to the defaulter in which you must write to give your money within 15 days or face legal action. And if you wish to go legal then you can always forward your complaint to the police station of your area. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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section 10 of the Indian Contract Act, 1872, defines the validity of an oral agreement.
I am assuming that you entered into an oral agreement and not a written one.
An oral agreement is as equally valid, as a written one.
Valid oral agreements are legally enforceable in the court of law. However, it is not of great evidentiary value as the agreement is understood through the word of mouth and obtained via second hand knowledge.
in the case of Nanak Builders and Investors Pvt. Ltd. vs. Vinod Kumar Alag AIR 1991 Delhi 315, whereby the Court held that even an oral agreement can be a valid and enforceable contract.
therefore you can recover money from the other party if you have entered into a valid oral/written agreement.
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Adv. Kunal Seth
Delhi | 700+ Answers
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If the amount was not agreed between you and the second party ….in that situation you have to create the evidences that how much expenses has been occurred …. example if you have hired the labour you must generate the receipt to have some evidences and if you have put some kind of items or if you have indulge any product in the work ….it’s better u hire an advocate to do the needful …to send a legal notice for recovery to the concerned person …thank you b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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Hi,
As long as there was a clear promise to pay, a case for recovery (albeit weak) can be made , but since no exact sum was agreed to, computation of price may be tricky. A better way may be to seek an injunction against them preventing them to use your work product or pay for the same
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Adv. Kunal Srivastava
Delhi | 100+ Answers
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