Anonymous
in Civil Law
Asked May 16, 2017

Payment not made for consultancy

  • 1 Answer
  • 107 Views

I joined an organization as Independent Senior consultant from Feb-17 and worked there up to Till march 2017 end. Valforma not ready to pay my invoice against my work for Feb-17 & March 17. Somehow, I received payment of Feb.17. Now, they do not want to pay my invoice against March 2017. I'd like to know legal options available.

Answer 1

 

 

 

Dear Sir/madam,

First up, you need to go through the contract that you might have signed and agreed to, while joing the organisation. There might be certain terms and conditions mentioned in the joining letter or the contract (between the organisation and you) that they might be taking a defence against – for not paying your claim.

Next, you need to send the organisation, a legal notice via an advocate – informing them about the legal rights that you possess. The notice should establish your rightful claim over the invoice amount.

If you were present on the payroll of the organisation – making you their employee then, you are entitled to file a case before the labour court. The essential condition to do so is, there should be an existing employer-employee relationship. In case if it is otherwise, you can approach :-

Civil court – file a civil suit for the “recovery of money”, as per the Civil Procedure Code.

Criminal court – an F.I.R. in the nearest police station for criminal breach of trust as per Section 405 of the Indian Penal Code can be lodged. A criminal complaint directly before the concerned magistrate can also be filed (via advocate), on the same ground.

 

 

Agree Comment 0 Agrees 4 months ago

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