LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SATYANARAYANA K (Advocate)     16 May 2010

Fund Transfer Urgent please

     In a Construction Company, the accountant while discharging his duties i.e disparsing their salaries in online fund transfer, in overlook the accountant send two time to the same account of one employee, now that employee refused to give return the amount..

    The accountant made several request but that employee refused to give that amount.

    My query is

    (1) Is it posible to get the amount from that employee If accountant intimate the same to the Bank Manager or Ombudsman or

    Please give advise how to get amount from that employee

    I am waiting for your valuable suggestions



Learning

 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     16 May 2010

IF THE EMPLOYEE IS STILL CONTINUING IN SAME COMPANY, NEXT MONTH SALARY CAN ADJ. STATING THE SALARY ALREADY CREDITED IN PREVIOUS MONTH . 

N.K.Assumi (Advocate)     16 May 2010

In addition to Sir.Reddy, I am of the view that he should return the fund as the said fund was not for him and he knows that the amount is not due to him and mistakenly credited in his account. Only yesterday, I went to the Bank to deposit and closed the account of one of the barrower,  inspite of depositing the amount in the account  of that barrower, tha Bank Manager and the Field Officer mistakenly deposit the amount to other barrower, now can that barrower in whose account the Bank mistakenly deposit the amount claim as of right that he is not legally obliged  to refund the amount? In any case he is obliged to return the amount. Consider this, suppose a customer enter a shpo and mistakenly drop money inside the counter of the shop: can the owner of the shop says that he is not legally bound to return the money to the owner?

jayaveladvocate (Lawyer)     16 May 2010

the duty of the employee who uninterntionally received the money is governed by the trust laws and being ex contractu by contract Act, i.e quasi contract 

mahendrakumar (marketing)     17 May 2010

please ask the employee to return the amount inadvertently creditied in his account.


tell him also that you will report the incident to the management.


Usually,no employee, who wants to be in the employment will refuse it.


only the risk is the probability of you getting a scolding from the management for your carelessness.

jyotirmaya behera (advocate)     17 May 2010

use of ATM, internet money transfer .... etc all those coming under IT ACT, cyber law. those type of problem have many person, like mistakely send money other A/C, mistakely send more money to other A/C in that case bank can,t do any things. ou have proved that you send money 2 time unfortunatly. but he refused to give extra amount. just file a case. & take the advise of intellectual property law's lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register