Did not join the company and got salary
helpseeker
(Querist) 18 February 2014
This query is : Resolved
Hey all,
Something unique and strange but I would like to tell you my story and need genuine feedback from experts
I had got an offer from a company(I still have offer letter) but I didn't join for some reasons and wrote them an mail regarding the same.
After some time i was asked to provide bank detail it was asked by some other mail id and i didnt know its by that company and i simply gave them my account details and later i started getting money into my account.I never knew it was by them
After few days i checked and money was still there in my account and next month also the same amount was credited and i never knew it was by them and i spent that money
Later i inquired in bank and got to know it was by the company i didn't accept offer
I have spend money and I dont have I am wondering what are the legal action can be taken by them against me if i am not ready to pay them back ?
Please advice me Your genuine suggestions are most welcome.
Rajendra K Goyal
(Expert) 18 February 2014
It is strange you spent the money without knowing the source of it. It was a mistake from the company, the HR department of the Company may have released the pay on the basis of appointment letter and your Bank details without confirming whether you have joined in actual or not.
The money did not belonged to you and you are liable to return it.
Kumar Doab
(Expert) 18 February 2014
No one can assume and read the mind of employer that has by error released the money to you, for the ways it may adopt to recover the money it has paid to you.
You can not and must not be unwilling to return the amounts or you can be sued.
You may include the interest earned, into your income while filing ITR.
Do not share your bank details to unknown person who you do not identify. It might be phishing attack and it may wipe off all amounts in your bank a/c.
Rest is up to you.
ajay sethi
(Expert) 18 February 2014
agree with experts
Guest
(Expert) 18 February 2014
It is your moral responsibility to approach the Concerned Employer Explain them and Return the money either in Person or by post.It would create good Credential not only with them with your present Employer also.Seeking Legal guidance on the same doesn't sound with good morality.
helpseeker
(Querist) 18 February 2014
Hey all thanks for your guide.
I know its my mistake I have spent the money without knowing the source but on other side mistake is from both the ways not just mine(might be mine is more)
Unfortunately I am not in the situation that I can return money to them
Though I have payslip also what they started sending me and proof as offer letter
I may not accept future payments by them.
I would like to know what legal action can be taken and under which section ?
Please help
Guest
(Expert) 18 February 2014
Earlier I did not notice the way you addressed the Experts.HEY ALL you should first understand you are in which Site and whom you are addressing What is that HEY ALL
prabhakar singh
(Expert) 18 February 2014
HO YOU HELP SEEKER NOT KNOWING MANNERS!
The Indian contract Act contains two sections 20 and 21.That you need to read to help yourself.
helpseeker
(Querist) 18 February 2014
Dear experts/Mr Rajkumar,
I am sorry i was little tensed regarding the situation thus said every thing in a frank n straight forward manner but never meant to disrespect any of d people atleast who are my mentors
Once again i am sorry for this
Please help me with the issue an on the base of my last post
Mr prabhkar,
I read section 20 its all about naming convention of the company. I don't have much idea about this can you please send me a link with related information about my issue this will help me a lot
I am seeking your advice please help me..
Thanks
Guest
(Expert) 19 February 2014
At least Now write to them in detail enclosing the copy of mail sent by you and apologize for utilizing the money un knowingly.Request them not to deposit further and take sufficient time from them for repaying the same.You immediately do this so that you might be appreciated.
Rajendra K Goyal
(Expert) 19 February 2014
If other makes a mistake unknowingly, it does not entitle you to make mistake knowingly. You should try to return the money used by you and not belonging to you as soon as possible. Once you think on this line you will be tense free feeling happy.
helpseeker
(Querist) 19 February 2014
Dear Experts/Mr Rajkumar,
Thanks for your advice and considering my request.
Yes actually I would like to do so but I know I wont be able to return them so fast,I am not sure would they get agree to wait for some long time and take the amount in installments(and i am not sure about how much installment per month depends on both of us),So before i write them I want to make sure about the legal possibilities could be taken by them against me
what are my plus and minus points and what are the points against or in favor of them
More how could this be possible what after working for 5 yrs(genuine work)my employer says that i had been paid by mistake?
Funny thing is that they are sending m payslip also and depositing PF too..
Please advice me on legal point.
Regards.
ajay sethi
(Expert) 19 February 2014
company would accept your offer and accept money in installments . company is concerned with recovery of money .
if on other hand they discover the mistake company will issue you a legal notice to refund the money wrongly credited to your account . in addition they will take legal proceedings for recovery of said amounts wrongly credited to your account .
you dont have any plus points in your favour .
Guest
(Expert) 19 February 2014
Is it a FUNNY THING for you receiving money and payslips due to the fault of Accounts Dept and their System.Above Expert Mr,Ajay Sethi had advised perfectly.Are you looking for any advice how to deceive them and justify the same
helpseeker
(Querist) 19 February 2014
Dear Experts/Mr Ajay/Mr Sethi,
Thanks for your reply
I will follow your guide.Once again thank you so much for all your support.
Regards,
T. Kalaiselvan, Advocate
(Expert) 19 February 2014
While I agree with the opinions of all the experts, I stand with the opinion of Mr. Rajendra K goyal, he has advised more perfectly indirectly hinting the hidden danger and consequences in the issue. the author may get into the immediate action as suggested by Mr. Kumar Doab or else the legal actions suggested by Mr. Ajay Sethi and Mr. NJSR may follow suit.
helpseeker
(Querist) 20 February 2014
Dear Experts,
Thanks for your suggestions,Please guide me on the following points:-
I would like them to return money,But knowingly(I agree my mistake) without knowing the source of money I have spent it
1.I would like to go for a settlement with them,Since its their mistake too,FUNNY they are sending payslips too.I would like to give them half of the amount and rest half i will prefer them to bear up.Can i bound them to do so ? What if they dont get agree for the same and we meet each other in court(just for saying)would court will also bound me to give full amount to them ? or half(or some partial percentage) with this reference of conversation might be i can force them for 50-50% settlement.
2. What should be the mode of paying them money ?
3. Shall i take some legal documents before process and after process also ?
4. what should be document some stamp paper or what ?
5. Whose signature from the company i should accept (CEO,MD or what)
6. If they are not available here can I accept their scanned signature document also ?
7. Shall i take confirmation about our contract and after my each payment installment over the mail also ?
Also I checked with one lawyer he said they cant force you to give full amount as its their mistake it will be considered as gift and settlement should go for 50-50 % but I need your advice also on the same,As I cant pay such big amount
Please help me to the following points asap to start conversation with them.please give your honest valuable suggestions.
Awaiting..
Regards,
helpseeker
(Querist) 20 February 2014
Dear Experts,
Seeking your valuable comments on my previous post please help me .
Best Regards,
Kumar Doab
(Expert) 20 February 2014
The lawyer that has stated that the amounts are gift for you is the lawyer for you.
Once the court of law vets it you may come back.
Till then enough has been posted in this thread.
Will someone please close this thread with concluding remarks.
helpseeker
(Querist) 21 February 2014
Dear Mr Doab,
Thanks for your advice..I understood what you said and as my previous post indicates i am ready to pay them back and for the same i need legal advice for the procedure..but you are being rude, do you talk in the same way to your clients ?
this is an open forum to get your issues solved as a help if you wish you need not pay attention on this post and go ahead .
@ experts please give your valuable suggestions on the returning process to them as i asked question in my previous post.Please add some more points if i could not think which needs to be taken care of while doing settlement with them
Best Regards,
ajay sethi
(Expert) 21 February 2014
query is resolved . if you want additional advice contact a local lawyer . pay his consultation charges
helpseeker
(Querist) 21 February 2014
Thanks Mr Ajay.
ajay sethi
(Expert) 21 February 2014
thanks for your appreciation
Sudhir Kumar, Advocate
(Expert) 19 February 2014
