Missing gold ornaments in gold loan company
lakshmi
(Querist) 03 December 2013
This query is : Resolved
sir/madam
my brother has worked in muthoot as Asst.Manager on august 25th during audit,found a gold packet of worth Rs.3.00 lac was missing,they searched but not found,during the course 5 staff members acted as joint custodians.but auditor told to recover money from my brother and branch manager.Due to lot pressure my brother paid Rs.1.63 lac,but he got only oral instructions not in any written format.Now he resigned the job,now they are asking the remaining amount from branch manager but he is not willing to pay the amount.one of the higher official that they are planning to file a suit against my brother and branch manager.
now my brother is in job trails.pleSe give me a correct solution.
thanking you
Raj Kumar Makkad
(Expert) 03 December 2013
Nothing can be advised just on the subject of planning. Your brother needs not to admit any guilt in writing otherwise he may face problem in future rather he should strongly rebut the alleged charges and should demand back his forcefully deposited amount.
lakshmi
(Querist) 03 December 2013
sir i am not able to understand " Nothing can be advised just on the subject of planning."
can u please explain me sir.
lakshmi
(Querist) 04 December 2013
Sir i am not able to understand " Nothing can
be advised just on the subject of planning ." can
u please explain me sir .
Sudhir Kumar, Advocate
(Expert) 04 December 2013
the company should rather file FIR if really intending to recover. They appear not to be serious and may not even file civil suit.
Rajendra K Goyal
(Expert) 04 December 2013
If FIR is filed, no other alternate left but to defend. Your Brother should never accept orally or in writing any mistake or guilt but should strongly oppose it.
malipeddi jaggarao
(Expert) 05 December 2013
If gold packet is missing, it is for the Finance Company to pinpoint the responsibility in writing and then only ask for payment of the value of lost articles. Auditor's view that the amount is to be recovered from your brother (Asst.Manager) and Manager is not relevant to your brother. When the Finance Company pressurised for payment, your brother should have asked the same in writing to examine his role. There is nothing in writing from the Company. The Manager is right in not paying anything. Your brother has comitted a mistake by paying part amount. Now come to the remedies:
1. The Company has to file FIR immediately after finding loss of gold packet which it did not do.
2. In which account your brother has paid the amount?
3.Your brother should ask the Company that under pressure and false intimidation he has paid the money which has to be refunded immediately. If the company is not willing to return, he can file a police complaint against the company as it did not act according to law (filing FIR for a missing gold packet) and did not give your brother anything in writing. Engage a advocate and let your brother go along with the advocate to the company to point out their deficiencies in dealing with the matter and to represent that your brother is no way concerned with the missing of packet and money is extracted from him under pressure and the matter will be dealt legally by lodging a police complaint against the company and also by taking legal recourse for refund of money paid by your brother.
4. Company can not file any suit against your brother at this stage as they have not acted upon initially in a proper way.
5. Since nothing is in writing, this episode will not hamper your brother's future employment.
6. Your brother has already paid part amount. Is he interested in recovering the same from the company or he does not wish to pay the balance? If he is not interested in recovery, he can keep quite after making a visit to the Officiails along with an advocate. If he is interested in recovering the money, he has to take action with the assistance of advocate by filing a police complaint and giving a legal notice.
lakshmi
(Querist) 05 December 2013
sir
1.company has not given any police complaint till today.
2.the amount paid by my brother has been kept in "sundry creditors" of regional office they have given the narration as "received cash of Rs.1,51,000 as amount paid by Mr.Srinivas towards missing packet mel-2561 of rayaprolu br".
3.when he asked in writing regarding the amount with RM he told that if he ask in writing he will be in trouble and not suggested one for you.
if my brother wants to file a to recover the amount what type of complaint he has to file and what he has give to support it?
He is having the vocher which he got at the time of amount paid.
thanking you sir
waiting for your kind reply
prabhakar singh
(Expert) 05 December 2013
Agree with Mr.malipeddi jaggarao with respect to his answer to your first post.
As regards to your last post my suggestion is that your brother should maintain silence and if company proceeds either by a criminal case or by a civil case ,your brother should defend it that since packet of gold was in custody of 5,the company fixed liability on your brother of amount Rs.1,51,000 which he has already deposited hence there is no further liability on him.
malipeddi jaggarao
(Expert) 05 December 2013
I too agree with Expert Mr.Prabhakar Singh as regards to your subsequent post. As your brother must have given thought of consequences and paid the money determined by the company instead of fighting for refund, better maintain silence. But if he has paid under duress and he is not guilty or no negligence can be attributed to him, he can demand for refund. In such case I suggest that your brother should the RM along with advocate who can deal with the matter by threatening the company for exercising duress for illegal payment from the employee. As the Company might be having many lapses (usually this type of finance companies do have), they will not prefer to go to police or court. Let the advocate meet RM and orally demand for refund initially by giving some time as the RM has to get the approval for refund. Since the amount is lying in Sundry Account, it can be refunded if they wish to. In the entire matter - there are two vital points:
1. No negligence can be attributed to your brother.
2. His payment of amount is under duress.
As regards point No.1, your query is clear. Ask your brother about this. As regards point No.2, duress can be proved in the employer-employee relation.
Finally - 1. Do not pay any more amount.
2. Do not worry for future employment because of this incident as nothing is in writing.
3. Choose either to recover the payment or to leave it basing on my above points.
Sudhir Kumar, Advocate
(Expert) 05 December 2013
I agree with Mr Jaggarao expcet that company is not bound to register FIR per-se.
However the loss was not of the company's property rather loss of someone else whose property was kept in mortgage, even that party can register FIR.
In way company has weakened its case.
Further company is not bound to register FIR but at the same time not entitled to recover by intimidation. This amounts to extortion which is a criminal act.
Raj Kumar Makkad
(Expert) 06 December 2013
Mr. Jaggarao has elaborately discussed the entire issues.
