Anjani Kumar (CA) 24 May 2018

Microfinance fraudlently updated noticepay as loan in cibil

Dear All

I resigned in a Micro Finance Company without serving notice period, As per the employement agreement i have to serve notice period or i have to pay the notice period salary to the organisation. I resigned from the organisation without paying it. The organisation now updated my CIBIL records that, the notice period payment which i did not paid to them shown as a loan disbursed and did not repaid to them. with this my cibil was effected and i did not able to get any loans / credit cards.

Kindly Suggest to which department i have to approach to get Justice.

Kindly note i approached the MFI and asked them to remove from the CIBIL since i did not signed any loan docuements against the above said loan. However they denied to do so.

Now i am planning to approach in leagal. Kindly help some one

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4 Replies

Kumar Doab (FIN) 24 May 2018

You have the dicretion to write to CIBIL and employer and post your objections.

Kumar Doab (FIN) 24 May 2018

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Anjani Kumar (CA) 25 May 2018

Dear Sir

Please go through the follwoing

1. Establishment : Limited Company

2. Nature of Company : MFI ( Lending Loans to Self Help Groups etc.. in urban & rural)

3. Persons Employed : More Than 5000 employes ( All Over India)

4. Designation : Manager - Taxation

5. Leave Sanction Etc: No

6. Persons Report to me : 0

7. Telangana

8. No probation , Confirmed Appointment received at the time of Joining

9. Sanction Power Loan / Leave : Nil

10. Notice Period : 2 Months ( I Did not serverd 1 day even)

11.Was ever any stinker, memo, show cause notice on any misconduct issued to you : No

12. Are you a member of employee’s/trade unions : No

13.Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months : Yes

14. PF: Not deducted since i am upper the limit.

15.Acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC : Not Available

Pradipta Nath (Advocate) 25 May 2018

You please note that may not it be termed as loan but you cannot decline the fact that your ex-company is entitled to get money for not serving the notice period. It is your payment to be made and should not be missed out unreasonably. Generally credit rate gets affected for any missed out payment be it loan or otherwise and at the same time escapism is not at all a good gesture.

Further please either serves the mandatory notice period or pay the compensation. And hopefully only then you can ask the CIBIL to amend your rate as per the latest sooner than the later.