Cheating, criminal breach of trust
Rameankar2000
(Querist) 12 December 2013
This query is : Resolved
Respected Sirs,
I as an agent in India, for a Principal Company, based in Canada, introduced a few buyers to them.
After paying commission to me for 1 or 2 deals, they have been contacting my Indian buyers without my knowledge and concluding business with them whom I had introduced earlier.
They have thrown me away after getting to know contact information about buyers who are some of the most reputed Companies in India, and paying me peanuts, while they get to earn millions of dollars in profits for a long time to come.
I have spent years, and tons of money,knowledge, intelligence, energy, hardwork etc to get to know these Buyers.
It would have taken my Principals thousands of Dollars to get these information but got it in a platter from me.
I trusted them for a longterm business relationship, but my Principals just deceived me.
Can I build a case of criminal breach of trust under sections 405-409, and cheating under section 420 against them?
Kindly let me have your opinions.
Guest
(Expert) 12 December 2013
Sir Really I am Sorry for your situation.Unless you have any such agreements regarding the commission payable to you from both indian buyers and foriegn sellers your case is very weak.Still if you have any strong evidences of earlier transactions send a strong legal notice to both seller and buyer in india preferebly thro International Law Practitioners.Nothing Wrong in fighting for what you deseve but do not be confident about results.You might win also
Vidhi Joshi
(Expert) 12 December 2013
if you have any written proof like agreements, payments receipts,emails etc you can go ahead and slam a legal notice to them or else all your efforts might go to drain for want of proper proofs.
ajay sethi
(Expert) 12 December 2013
agree with experts .
Rajendra K Goyal
(Expert) 12 December 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Breach-of-fiduciary-duty-438471.asp#.UqmUMOKLq_I
Rameankar2000
(Querist) 14 December 2013
Dear Sir,
Not repeated the query.
I am trying to see if they breach criminal laws, by doing business directly with buyers excluding me who introduced them.
Earlier query was civil.
Guest
(Expert) 15 December 2013
No problem Proceed as advised.Simultaneuosly in other deals ensure your care
V R SHROFF
(Expert) 15 December 2013
Proceed as advised. Claim your comission in civil suit first, after issuing notice, demanding total deal and ur %age.
If u had written agreement for sole selling in India, with your commission, or with client contacted thru u, it was 100% binding.
However, you have good legal points, that entitles you ur commission in future also.
prabhakar singh
(Expert) 15 December 2013
Take care of repeats and act as advised by Mr.narasimha.
Guest
(Expert) 15 December 2013
KInd Attn:Mr.Prabhakar singh Ji and MR.V.R.SHroffji once in a year the LCI Experts could have a get to gether in convenient place like mumbai bangaluru,kolkatta or any where I am sure MR.V.R.Shroff would ideal to co-ordinate this.This is my humble suggestion and Request sir Please Think of it Seriously.If it is Bombay Icould make arrangemets to stay in YMCA A/c double room spacious RS2600/Buffet Breakfast and Dinner inclusive for two persons Icould do the booking they could directly pay.Please organise sir Other cities also for me ok
Rameankar2000
(Querist) 23 March 2014
Dear Sir,
Referring my above query, I slapped my compensation request. Principal is silent to my compensation request.
(My buyers do not pay me commission. Only Sellers - my Principal pays me commission). Buyers are saying it is my Principal who induced them for direct business with them, violating my agency.
I need to gather evidence of the exact direct businesses done by all parties hiding from me. What is the method to gather such evidence? Kindly guide me.
Evidence that I have now is - a phone call from my Principal to me, admitting to self-dealing with my buyers.
T. Kalaiselvan, Advocate
(Expert) 12 December 2013
