Overpaid arrears
Ravi
(Querist) 04 November 2009
This query is : Resolved
Hi
Three years back when i am in india , I was overpaid with arrears from the company where I have worked.. This amount was not identified by me ,and even
company didn't identify the mistake. Ater month's I have got job and left to US . All the amount in my account was spent for my personal reasons.
After three years the company came back and asking me to retturn the excess amount paid.Please advice , do I am liable to pay the amount.
Do the company have a right to file a case againt me.Currently I am in Us.
Raj Kumar Makkad
(Expert) 04 November 2009
No. Neither company is entitled nor you are are liable to pay the mistakenly overpaid amount more than 3 years ago. No legal action can be initiated in such matter.
niranjan
(Expert) 04 November 2009
You would have been liable had the company had taken action within three years. Mr. Makkadsir's opinion is very short and sweet. I agree.
Ravi
(Querist) 04 November 2009
Thanks niranjan.
Why this was specific for 3 years?
Suppose for the same case, instead of 3 years if you consider 3 months then the person is liable?
pkpworld..
(Expert) 04 November 2009
If it ia a small amount like below Rs.10000/- , it is better to repay the said amount. The amount was paid by company which is not due to you. If the amount is big, then it can be repay in installments as mutually agreement of both parties. After all you had received the amount which is not due to you. The company may file a case againt you after giving you a reasonable opportunity of being heard.
Raj Kumar Makkad
(Expert) 04 November 2009
We here are not discussing the matters on the ground of morality rather we are expected to reply on the basis of law. Had 3 months passed, you will have to repay the overpaid amount to company because company would have given you the notice stating therein the mistake and would have demanded repayment accordingly and this might have to be returned by you being within 3 years.
