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Prasad   22 April 2017

Commission not paid by the company

This is for my friend's uncle who was doing business for Ahmeadbad based company on commission basis.  The company did not pay commission for more than 2 years.  He did not file suit as there was discussion going on to close the deal amicably, but he did not succeed and he lost hope and forgot about that.  It is almost more than 5 years now, now he would like to know whether he can file a suit now to get the money from that company.  He has all the documents including debit and credit notes.  The agreement was signed by that company in their letterhead itself.  Want to know if he can do anything as the limitation period is over and if there is anything possible, what is the solutoin. Also needs someone to represent case in Ahmedabad.



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 7 Replies

Tushar Jha (Advisor)     22 April 2017

Big mistake to wait for 5 years. Civil case might not be possible. As the time-limit to file civil suit for money recovery is 3 Years from the date of cause of action.
Suit is time-barred due to limitation.
File a Criminal Case under Section 420 of the I.P.C. with the Local Police, where the said transaction took place. Submit all the copy of the documents relied for substantiating your claim.
If police fails to register F.I.R., then take-up the matter with S.P. (in Rural Area) or Zonal D.C.P. (in metropolitan area). If that doesn't work, then file a private complaint in the Court with the Judicial Magistrate under Section 200 of the Cr.P.C. praying for directions to register an FIR and investigate the Case.

To begin with, first send a legal notice through an advocate stating that a Criminal Prosecution will be initiated against the Owner of the Company under Section 420 of the I.P.C. for his failure to pay his debts despite his promises. In the notice, give him 30-day time to pay all money owed by him. After 30-day period lapses, only then file an F.I.R. or private complaint with Judicial Magistrate.

"Jail jaane ke Darr se aache aache log hil jaate hain".

1 Like

Prasad   22 April 2017

His uncle is from Cochin Kerala and did his business in Kerala only and the company is in Ahmedabad, Gujrat.  Can he file case in Cochin itself. 

Kumar Doab (FIN)     23 April 2017

Try the recourse suggested by Mr. Tushar Jha.

If you know someone iflunecial in Dealer asasociation, Retailer Association (state/national) etc etc that matter in business, , in authorities with whom company has to deal  and to whom it shall mlisten etc etc…..try thru them.

 

Kumar Doab (FIN)     23 April 2017

Preferably show the agreement to a very able local counsel. 

Tushar Jha (Advisor)     25 April 2017

You are posting the query in piecemeal manner. You should state the entire facts completely only then it would be possible to guide you properly.
Refer Section 20 of the Code of Civil Procedure, 1908 which deals with the issue of jurisdiction to file a civil suit.
Plaintiff (Petitioner/Complainant) can file a case within the jurisdiction of his residency or inhabitance only if the 'Cause of Action' arose within the said jurisdiction.
Consult a local lawyer, who will go through the entire facts and circumstances lead to this dispute only then he can guide you properly.
Always remember, never hide or conceal any fact from your Lawyer as it may cause irrepairable injury to your case resulting in unfavourable orders passed against you.
It would be better if you consult a local advocate/lawyer and seek his legal opinion on this issue.

The same is true for Criminal Case also. Only when an offence is committed within the Jurisdiction of the Police, then only they can register F.I.R. and investigate the case.

1 Like

Prasad   26 April 2017

I feel sorry for that because I had only few details and wanted to know what are all the details needed to decide what he can do and what he cannot do. Anyways I forwarded the above details and asked him to consult the local lawyer.  Thank you all for your valuable guidance. 

Kumar Doab (FIN)     26 April 2017

You have acted wisely.

Let him consult a very able counsel of unshakable repute and integrity at his location with all records and inputs  that he has.

 


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