Regarding Legal notice to my friend! urgent

Samieeeeye (Querist) 16 June 2011 This query is : Resolved
Case in detail
My friend joined a compnay in Dec 2009 and due to unnessary comments which he has to listen from seniors even after a fantastic performance he left the company without information in May 2010.
After an year he got summons on the address which he use to reside. Which contained
Amount against notice period not serving( 2 months salary) + relocation amount which company paid him to move + Iphone which was given to him by company + Client suffered amount= total 4 lacs

As he left from that place and now living at new place he heard all this stuff from one of his close friend and he also told as it was on his( friend) name and postman only can give it to you.

Now in his employement letter when he joined nothing was mentioned about relocation also no phone was given to him and as he worked as resourcing executive their was no bond involved from company and his client.its only mentioned that incase you leave you will have to pay 2 months basic.

I hope now it has given a clear Idea to everyone

Queries not comes is
1. Is company can take legal action after 1 year.
2. When no equipment was given how copany can claim that if required can my friend put a case against company
same goes for client suffering.
3.as he is livin at new place and summons were not accepted by currently residing person. Will any arrest is involved into it.
He is a poor champ and belong to a family who never ever faced such problem.He is under dipression after hearing this beacuse he has never harmed anyone as far as i know.

Pls suggest how he can come out of this problem.

looking forward to a reply which gives motivation to this guy.

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Guest (Expert) 16 June 2011
the company can not take the action even after one year if the appointment letter is same as according to your wordings in the query.
2. if the company have the proof for the dellivery of such phone or mentioned in the appointment letter about the telephonic facility than campany can recover the said amoutn of phone only as per the terms and conditions of the appoint letter only.
3. This is not criminal liablity which the companuy is alleging this is a civil liability and no arrest in the civil liablility, more over the company can deduct the basic salary and impress cash in this case.
more over you also have some balance towards the company related to you expenses and salary and othe benefits also.
you proceed only after reciviing the notice form the company or after recieving the summons from the court only, before that not take any action and wait for the company proceedings

Swathi S Bhat (Expert) 16 June 2011

Sir,

From your explanation it is clear that the Company has filed a recovery case against your friend.
It is sufficient if the summons is served to the old address.
It is better if your friend appeared before the Court through an advocate and contest the case otherwise your friend has to face the legal consequence after the decree. Whether the company can take legal action will be known if your friend appear before the court and get the information. If your friend at the time of joining the company signed any agreement papers and if any clause is there in agreement for filing recovery suit against the workers, then the company is having the right file a suit.

PALNITKAR V.V. (Expert) 16 June 2011
If the letter says that only two months basic has to be paid, then your friend should be liable for that only. But if there is some other agreement and if iphone etc are given, then your friend will have to return it and he will be bound by the agreement

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