Dinesh Kumar (service) 17 July 2015

Company has hold my fnf

Hello,

I was working with a MNC travel agency, which is a limited company. now company has hold my FNF because one of the customer refused to pay balance payment.

Total Package cost: 35998 + 3.09% = 37110/- only (there is no air tickets included in this package)

I have booked a domestic tour for my client on 01 Jan 2015 with the booking amount of Rs. 10,000/-. at same time I briefed all T&C and got signed from him. and he ensured us to pay remaining amount within 3-4 days. now client has libilty for the cancelation charges. but due to family issues he has cancelled the tour on 17th January and his travel date was 27 Jan 2015. company says this is under 100% cancellation, so client has to pay 100% cancellation charges (Cancellation Charges Rs.35998/-
+ Service Tax@12.36% Rs.4449/- Total Rs.40447- )

Client has completly deniyed, he said why should i pay when i didn't get any service?

When company failed to take money from client, they said remainig amount of Rs. 30,447/- will be charged to sales person's full n final settalment.

Please advice what should i do, as they are not releasing my settelment. as i have resined on 03rd Feb 2015 and served full month notice period.

Thanks

Dinesh

Reply Follow

2 Replies

Kumar Doab (FIN) 17 July 2015

You have posted that:

“at same time I briefed all T&C and got signed from him.”

As per T&C printed by the company the establishment has to proceed further with the client.

Are you a guarantor of the client in T&C signed by the client?

This is payment of earned wages and is debt on employer.

Approach an able Labor Law Consultant/Service Matters lawyer/Law Firm ASAP.

Your counsel may opine that you can approach:

Inspector appointed under (Name of the state) Shops and Commercial Establishments Act, Payment of Wages Act

O/O Labor Commissioner (irrespective of the designation)

Civil Courts for recovery

File complaint u/s406,420

Approach employer as Creditor and file for winding up petition

You can also agitate thru Employee’s/Trade Unions e.g. CITU/INTUC/AITUC/BMS etc