Non-payment of salary/consultation fee
mmsarvotham
(Querist) 18 March 2014
This query is : Resolved
I joined a private Ltd company of Delhi as consultant for helping them open a company in Ghana for exporting raw cashew nuts from Ghana.Rs 50000. was fixed as fee per month in India.No paper work was made in this regard as one of the directors was a friend.
Ghana company was opened with three directors of the Delhi company and me as Resident director without share.Investment was not transferred by the Delhi company to Ghana due to some problem so it was decided that we export through a company in Ghana who will also be the supplier of raw cashew nut.For hotel stay /boarding/transportation and other expenses USD 100 was fixed as daily allowance .Again , no written agreement was made.
From February to October four consignments totaling 800MT were made.The advance amount in full as per the proforma invoice was remitted by the Delhi company to the exporter's company in Ghana directly.I obtained resident permit in Ghana and became an NRI.
During November 2013 amount for 210 MT was sent against the p.invoice for supply.
One of the directors in Delhi wanted to engage his own people/relative in Ghana and stopped my daily allowance after 19th Dec 2013.By then I had overseen shipment of 5 containers. Since no amount was paid I had to leave buying my own ticket to Delhi.Since Feb., 2013 I had spent my own funds of USD 2500 which they had promised to reimburse in Delhi.
They engaged the relative of the Director in Delhi to organize the export ad also the Director visited Ghana to have some kind of understanding with the exporter/supplier.The exporter /supplier has sent only 3 containers in January and has asked for time from them to export.
After cleverly making me to leave Ghana , they realized that they were unable to liaise with the exporter. I offered to go back to Ghana but they refused and the Director in Delhi went to Ghana himself to talk to the exporter. Some understanding was arrived at between them for shipment of balance goods but I was kept in the dark about any development.
Now since they are facing problem with exporter, they are intimidating that only after the exporter sends all goods, they would pay me the consultation fee from January which they have stopped paying and also my ticket money and USD 2500 spent from my pocket to stay in Ghana while doing their work.After making me leave Ghana and usurping all the work in Ghana ,by dealing with exporter on their own for 3 months ,once they realized that they cannot deal with the exporter in Ghana they are trying to hold me responsible for the exporter delaying the shipment. They are not willing to send me to Ghana to deal with the situation but wants me to solve it sitting in Delhi.This way they have not paid any dues to me.
The directors have always communicated over phone and refrained cleverly from sending mails. Many times they had denied having knowledge a certain matter and I had to show them all my mails.
1. I need to claim my consultation fee ffrom Jan 2014, return ticket money of USD 1200 and USD 2500 which I had spent in Ghana. I have correspondence for all the above and reminders sent by me.
2. Though I am willing to be sent to Ghana to help them get goods from exporter, I want them to stop holding me responsible for developments after 19th Dec 2013, since the date I was made to leave Ghana.
3.Though no mail was received by me till date as they have the habit of communicating through phone only, so that they can deny later, one director wrote a nasty letter today.I wish to claim damages for that.
Please advise.
ajay sethi
(Expert) 18 March 2014
there is no written agreement with the company wherein you were to be paid consultation fees . you have no evidence that they agreed to pay you Rs 50,000 per month as consultation fees . you dont ven have any emails from the company in this regard .
it is necessary to go through the correspondence addressed by you to the company to further advice . contact a local lawyer and issue legal notice for recovery of your outstanding dues
mmsarvotham
(Querist) 18 March 2014
Thanks friend. They have remitted 50000 to my indian account till Dec 2013
Rajendra K Goyal
(Expert) 19 March 2014
In future you should record the conversation with them regarding your claim.
In absence of any written documents, it would be difficult to prove your claim.
Consult a local lawyer and show him all the documents.
Kumar Doab
(Expert) 19 March 2014
Record the communications (audio/Visual).
Your lawyer may succeed to build the case from ‘Nasty Letter’ and other communications and payouts made to you , as referred by you. Meet your lawyer in person and proceed under expert advice of your lawyer.
ajay sethi
(Expert) 19 March 2014
if company has made regular payment s to you till December 2013 i do hope in your subsequent emails you have mentioned the said facts . to make out a case for recovery of your arrears the correspondence addressed by you to the company would have great significance in deciding the issue
Nadeem Qureshi
(Expert) 19 March 2014
issue a legal notice from advocate for recovery of money and give them 7 days time to pay the amount, if they are not ready to make the payment then you can file a civil suit for recovery against them before civil court in Delhi.
contact a lawyer personally with bank statement in which they deposit the money.
feel free to call
Nadeem Qureshi
(Expert) 19 March 2014
issue a legal notice from advocate for recovery of money and give them 7 days time to pay the amount, if they are not ready to make the payment then you can file a civil suit for recovery against them before civil court in Delhi.
contact a lawyer personally with bank statement in which they deposit the money.
feel free to call
