Please help

Dear Querist,

The action of the banks in calling you up and threatening is illegal. Secondly - Banks don't issue non bailable warrants. Courts do. They are just trying to threaten you. There is no way that you would be arrested if you go to check up with the bank. Complain to the banking ombudsman.

In all probabilities this is a recovery agency hired by bank which is calling you and if you pay thru them they shall get handsome commission/incentive/amounts from the bank, hence they are trying to terrorize you.

You can lodge a police complaint for threatening calls. All recovery agencies are sen a s following the same format e.g. criminal case has been filed, arrest waarant has been issued etc.

Yours is civil liability. Bank is under obligation to supply notice then legal notice to you before proceeding to file recovery suite. Bank may approach Lok Adalat.

If you are willing to pay you may negotiate hard with local BM of the bank, arrive at a settlement and obtain a letter under original seal and signature stating the settlement shall have negative bearing on your loan taking ability due to this settlement and bank shall clean your credit history and your name shall be withdrawn from list of defaulters maintained with credit rating agencies, recovery agencies and NOC shall be supplied on the spot. If you do not obtain such declaration later bank shall demand more money cleaning your credit history with CIBNIL etc.

If you can handle it on your own, you may approach a competent and experienced lawyer who shall do the needful.

Dear All

I worked for a Catalog firm called Value 4 Money (V4M) who are into catalog Business and are currently catering Go AIrlines for inflight shopping. A friend referred me and I was offered a stock auditor position. Instead of my core job, I was asked to visit markets to buy stuff for company, visit mall managers for prmotion and set up kiosks for sale even till 11 pm.

I did it all because I was in need of job as has to support 1 year old baby girl and my wife. For working with them for about 40 days I got a better opportunity from an IT firm and explained my Boss that I would have to move on. Listening to this he refused to release my salary and asked me to serve notice for 30 days. 

I told him that I was comparatively new with him and due to better opportunity I won't be able to serve the same. Also in this referene there was no offer letter issued to me with terms that I would have to serve notice.

Since I was on probation I should get my salary. Now when I call him, he don't answer my phone and the account dept. staff tells me that Boss has refused to release my salary. 

I feel this is jarassment as its been more than 45 days since I have left and after repeated phone calls and 2 email I haven't heard from him.

Please help me and suggest I am going through a critical phase and all this is really disturbing me a lot. 

Also kindly refer to my email sent to Vishal and Kunal Kapur (partners of V4M).

Please help!!

EMAILs:

Hi Vishal Boss

You may refrain from mentioning "Though I understand I couldn’t serve my notice period"

It is good you have mentioned that "I still understood my responsibility to handover all office related equipment (laptop, charger, data card) along with Stock audit reports to Sachin for which a confirmation mail was also sent to you." You have submitted company property and it is believed that you have an acknowledgment.

If you have not signed any appointment letter expressing notice period/notice pay in lieu of notice period then such a clause is not applicable to you.

If the employee has drawn a salary company may take a stand that employee had accepted the order of appointment without appointment letter. Company may cite standing orders of the company. You have not drawn a salary.

It appears that your line management wants to square off your dues with deduction of notice pay and bring your FNF settlement to NIL.

If you can establish that you have worked over time you may claim OT.

You may submit a final letter to appointing authority, MD, Head-HR, Company Secretary of the company under acknowledgment and demand your earned wages ( give detail) to be supplied to you say within 7 days by bank DD thru redg/speed post only or you shall be constrained to approach lawful authority at the cost and consequences of the company. You may mention that your line management Mr/Ms……..on dated……….asked you to forget about the payment of your earned wages due at the end of company.

You may approach the o/o Labor Commissioner/Wages Inspector and lodge your claim.

Or you may approach a competent and experienced service lawyer and your lawyer may advice to issue a legal notice.

Thanks Bharat & Kumar Daob.

Kumar Daob: As you mentioned that, "Bank is under obligation to supply notice then legal notice to you before proceeding to file recovery suite. Bank may approach Lok Adalat." 

The concern is that I live in a rented accomodation and had change my accomodation in the past few years. I do not know whether bank has sent any notice to the address where I had taken the loan. If there had been any such notices sent to that address; would those be treated as notice served?  

@NK,

Yes.

You can ask for POD. You can update your new address and demand certified copies of all letters  etc issued by bank till date, if you have decided to pay.

Sir I want to pay but the concern is that I do not have the lump sum money to payoff. I spoke with the guy who called me that i want to continue with the amount of emi that i had been paying and i will pay it until i pay it off. but this guy seems not to understand and continues to threat. I am also afraid that i might loose my job because of any such litigation. what can i do to prevent all this. 

Finally it is suggested that you may read the entire post and visit the BM for a settlement plan. In all probabilities bank shall agree. You may include in your letter that bank shall stop phone calls and shall correspond by letter thru redg/speed post only.

Thanks all. 

Hello Lawyersclubindia Team

I am thankful to all of you for sending me a quick response on the sitaution which was bothering me from long and showing me right direction.

Please see the letter format (attached also) that I have drafted to be forwarded to my ex-employer and suggest changes before I finally shoot a registed mail to them:

Dear Sir (Mr. Vishal & Kunal Kapur),

Subject: Final Letter

This is in reference to my employment in your organisation (Value4Money) from November 27^th 2011 till Jan 7^th2012. At the time of leaving the organisation during my discussion with Mr. Vishal Kapur on Jan 6^th 2012, I was told to forget about the payment of my earned wages due at the end of company.

Please note, since I did not sign any appointment letter expressing notice period/notice, therefore pay in lieu of notice period clause is not applicable in my case (confirmed by o/o Labour Commissioner/Wages Inspector).

I would like to demand my earned wages along with cash reimbursement + phone bills for the above mentioned period served in your organisation and would request you to supply the same within 10 days post to receiving this mail by bank DD/cheque thru registered/speed post at my mailing address or I shall be constrained to approach lawful authority at the cost and consequences of the company.

Since I also worked over time, I may have claimed OT charges but in lie to our relations I decided not to demand that amount.

Please note that I have tried contacting you via phone and email dt. Jan 7^th, Feb 8^th and Feb 21^st 2012 and since you did not answer my phone calls and also failed to reply on any of my emails, I am forced to write this letter to you in reference to my wages.

I am trying to resolve this matter mutually with you (Mr. Vishal Kapur) and Mr. Kunal Kapur since you are joint Directors of the company and therefore looking for a resolution around this else I would have to knock legal doors by further approaching the o/o Labour Commissioner/Wages Inspector to lodge a claim.

Thanks & Regards

Name, address and Cell #