Anonymous
Asked September 29, 2016

Legal action being threatened against us

  • 4 Answers
  • 1115 Views

We are an IT company based in New Delhi. I am the director of the company. Around 7 months back we accepted a project to build a website through a freelance portal, but the client happens to be local from New Delhi. During the entire course of the project ,the client has been extremely rude , non cooperative and very difficult to deal with. He has been continuously misbehaving with the lady project manager and the developer working on his project. At the last when things did not work out, we even refunded a part of the payment as it was agreed(more in details to be discussed on this), gave them the entire codebase that was developed till then and also agreed to help them by providing the documentation. But now, since they are finding it difficult to get it done through others, they are trying to harass and mentally put pressure on us by threatening legal actions and trying to force us to continue to communicate with them, even in odd hours and helping them out which we are not supposed to do now. We would like to discuss and see your esteemed advice regarding this.

Answers 4

Since they are the one who have committed breach of the contract, why are you worried.  In case, you want to finish the project, revisit your terms and in case buyer agrees do it or before they take any action, slap them with a notice for damages you have incurred be it may in terms of reputation, loss of time etc.

Agree Comment 0 Agrees almost 4 years ago

There are Multiple option available to you and You can come out crystal clear without any harassment and embarrassment such as police complaint , civil as well criminal case and you can get police protection and sue them.

Advocate Ashok Yadav {B.M.S., LLB (Mumbai) LLM –London(UK),}

 

Agree Comment 0 Agrees almost 4 years ago

Since you have already refunded a part of the payment as agreed and have delivered them the codebase, the contract has impliedly been terminated (presuming that you haven't formally communicated the termination in writing) and as such you are not bound under law to provide any further services. In such circumstances, you may ignore the threatening as it would be quite difficult to prove their case on merits. On the alternative, you can lodge a police complaint against such threatenings and harassments if it persists further. 

Agree Comment 0 Agrees almost 4 years ago

Your company must be having a termination of project policy to which the client must have agreed before taking your services. If you have followed the policy then you shouldn’t worry about it. If they are harassing you, you can file a criminal case against them for criminal force. The relevant provision is given below:-

Section 350 in The Indian Penal Code

350. Criminal force.—Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. 

Agree Comment 0 Agrees almost 4 years ago

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