issue regardng franchisee
Apurva Kumar
(Querist) 28 September 2008
This query is : Resolved
Problem;
-Dispute b/w the franchiser (a reputed telecom co.) & franchisee
- I am from the franchisee side
-Points;
-Existing agreement valid till 2010.
-Company is pursuing the franchisee to sign a new agreement.
-Franchisee apprehension is that by the new agreement and norms there payouts (commission) might decrease drastically.
-Issues;
-The co. without any bilateral agreements has started payments as per the new proposed agreement. Without holding any meeting or listening to the franchisee i.e. very much acting in a monopolistic way (hence franchisee apprehension were true).
-Steps Taken Till date;
- The franchisees (7 in no.) have jointly served legal notice to the co. in reply to which they send a very casual and general reply wherein they have falsely denied the allegation prime facie.
-They have referred a certain clause of the agreement wherein they have all the rights to change any clause by giving a circular or notice. (Seems to me they are acting in a very professional manner)
-Question;
-What is the need of such bilateral agreement when there is such hidden clause which they can use as a tool to serve there own interest at any pt. of time?
-Relief;
-My arrears
-My earlier blocked payments with interest.
-Last but not the least if at any time they want that they are not willing to work with me they can terminate the deed by giving me my all the arrears along with my guarantee money. As there is no future with such co. who has no work culture and professional ethics.
-Any suggestions where to sought relief from either MRTP,TRAI,WRIT,or Simply Dist Court? And what to do after legal notice where to go please help me step by step as I am new and confused please!
Regard
Apurva-Kr
Advocate,Patna High Court.
Shyam Ji Srivastava
(Expert) 08 October 2008
Dear Apurva
plz let me know do you have solved ur problem?
Shyam Ji Srivastava
Advocat
098390 28040
