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ajaythakur   12 May 2015

Need help from respectful lawyers regarding this case

Dear Sirs I need your advise to file the case against a mobile company. Three month back 2 Company employees approached me to take super stockiest fro mobile company. In meeting they said me company is very professional and we have strong sales/service team. Our team will manage to sell around 12 lack stock in month so i have decided to take super stockiest from this company for four districts in my state. These employees said me to bill 10 lack rs stock and give me documents. Also take one cheque for scanning purpose from which account i will transfer amount and they will return this cheque to me back after scanning. Cheque is given to them is without signature. After transfer amount to company account they billed me 12 lack stock instead of 10 lakh without prior information. I asked employees then they said don't worry company will not ask you payment till next billing. When i asked about cheque not returned to me they said it is with them when they come to me they will return it. There after i regular calling to provide me order from distributors appointed under me but later i came to know that there is no distributors under me. And none of then come to my office after billing. Later i came to know that the cheque is send to company office with fake signatures without our firm stamp. I regularly call them and mail them regarding stock sale, service and service centers list but no reply from them, after that i start writing mails to company office but there is no reply from them till date. Now I came to know that company fired the employees and there is no employee of company in my state. No service centers, no service team. It is more then 3 months now but no reply from any one from corporate office. There is no intimation regarding sales team and other officials now. Now company start sending me notice regarding outstanding amount rs 2 lack and charged interest 44k on the amount.. I am very fed up now my whole stock/money is stuck and i am bearing interest from bank since last 3 months. Pl let me know how i can handle this matter and how i can get back my money from company.


Learning

 7 Replies

Jeetender Gupta (Advocate)     12 May 2015

Option 1: Civil suit for recovery Option 2: Police complaint for fraud Option 2 will be difficult to establish but still no harm in trying

Ompal Aggarwal (Advocate)     12 May 2015

Agree with Mr. Jitender.

Ompal Aggarwal (Advocate)     12 May 2015

Agree with Mr. Jitender.

Ompal Aggarwal (Advocate)     12 May 2015

Agree with Mr. Jitender.

ajaythakur   12 May 2015

Dear Sir

Should i file FIR against employees or company or both.

and what about the cheuqe ?

T. Kalaiselvan, Advocate (Advocate)     14 May 2015

For breach of contract and violation of condition, civil remedy will be the best option.  If what you have told here has been agreed to in writing, you may issue suitable notice to the company asking them to privide the services promised and agreed vide the conditions of the contract, alternately you can suggest them to take back the stock andrefund the amount held by them, in the manti time you can issue a letter to your bankers about the blank cheque and to instruct them to stop payment on the cheque if presented to them as the same was forwarded to the company without your signature.  Consult your lawyer on further issues and proceed.

Biswanath Roy (Advocate)     16 May 2015

This is a case of organized fraud and crime in which apprehension of involvement of the company cannot be ruled out. You personally visit your local Thana Incharge show him all papers narrating the facts related to and file F.I.R against the Company. Simultaneously take help of a local Senior Advocate practicing in Criminal Court for filing criminal case against the Company.


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