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Rajat Sanyal   25 March 2016

Professional fees to be recovered

We are leading executive search consultants In India, our  IT Returns are managed/filed by leading CA Firm.Now this CA firm was looking for professionals for his clients, we had sent  resumes in good faith.Our Candidate has joined CA FIRMS client Company , CA firm is not accepting our role.. saying that

They are not aware  of charging fees by Search Consultants.  This amount is very small just Rs 20000.

CA is a professional , he is above of any normal individual .. we failed to understand why  he is not paying our fees.CA Firm is saying that :  we as consultants are charging to Candidates .. this is  not our practice .. we are working with Leading Corporates where we are signing agreement for Head Hunting.

can we intiate LEGAL PROCEEDINGS , we have sent mail to ICAI.



Learning

 3 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     26 March 2016

Sir without an agreement whether written or verbal where you have communicated that you will charge referal or placement charges and it has been accepted by the other party; you can not claim your professional fee. Communication of offer and its acceptance by the party is must for claiming any dues/ payments/ professional fee etc. You are not at all elegible for initiating the legal proceedings except where the CA Firm would them selves has asked you to hunt for a suitable candidate for them, this offer from their side must be there to establish your claim. However chanses are very rare.

Rajat Sanyal   26 March 2016

we have verbal contract & mentioned in mail also that we will be charging professional fees. It is our right .. what he is saying that : we are charging on candidates that is crime as Executive recruitors Association.FYI They had asked for this hunting we can initiate legal proceedings , we can establish all the facts.We are in Touch with ICAI ..as per their rules CA should pay professional fees to Consultant..We cannot leave it, then we could have big issues will start.

Anand Bali Adv. (Advocate Solicitor & Consultant)     26 March 2016

Dear Mr sanyal,

 As already have mentioned that if the Offer, Acceptance, promise, agreement and Contract chain can be established you you you can claim for your services rendered to your CA Firm....there is no doubt.

for futher clarifications you can contact me on PM or on Phone number and adress which you can get through this site forum. I am a practicing Advocate at Supreme Court Of India and Delhi HC. 


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