Partners cheating
nadeem
(Querist) 09 August 2012
This query is : Resolved
Dear Team,
i was banker and joined a start up in year 2010. our company was small re seller of sms etc in Bangalore. i put up office in Mumbai and started my operations from my house. it was decided a 50-50% cost profit sharing and decided that a MOU (as it was a PVT LTD) will be drafted and signed and this was recommended by their CA in Bangalore when i first met them in feb 2010 in Bangalore.but this was happening and they were deli dallying the drafting. this was happening and i have been regularly writing mails and all correspondence but now they have terminated with me and by giving me copensation of 3.69lacs, while the business from house is become a region and a annula turnover of approx 2 cr.
i donot have anything in writing but yes mails.
is there any chance of compensation for 2.5 years and effort?
please reply,
Nadeem.
Adv.R.P.Chugh
(Expert) 09 August 2012
Hi Nadeem,
You've really been wronged, a more careful approach would have helped you. However still even in absence of an agreement, if you can prove the way that you've worked for them, and they have benefited by the same. You would get compensation equalling the worth that you've brought to the company under the principle of 'quantum meriut'. It is a principle of quasi contract - in cases where there is no formal contract but still due to work of a party the other has benefited, the law compensates the former as much as his merit demands, this is done to prevent unjust enrichment of one person at the cost of the other. This is laid down in Section 70 of the Indian Contract Act. For getting the benefit person must prove :-
i) Plaintiff has done anything or delivers anything to defendant.
ii) Does so lawfully;
iii) Plaintiff has no intent to act gratitutiously;
iv) Defendant has enjoyed the benefit;
nadeem
(Querist) 10 August 2012
Dear Adv Bharat,
i am left in a situation where i am jobless and helpless. but yes your mail has given me some hope...
please guide me how to go about it?
what would be your fees and etc....
what are the other things i need to do get?
what are the chances of this case?
how confident about this case?
coz i don't want to run in failure again.
please revert....
Nadeem.
