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Shashidhar V (Zonal Manager)     06 May 2016

Collected deposits showing a big team strength

Respected Sir's,

 

This is requesting you for help and guidence in regards to the case as discribed below. 

1. A company - refering my profile on the Linked in called me and offered a Job as Sales Head South.

2. My Job requirement as informed to me was to Identify C&F / Consignee Sales Agents for Pharmaceutical Products in Generic Drugs and Ethical Drugs Divisions against Security deposit of Rs. 10 Lacks for Generics and Rs.5 Lacks for Ethical. 

3. Each State in South was to have 1 CSA / C&F for Each Division. ( One CSA / C&F interested in Both Divisions was agreeable)

4. I was asked to appoint a team for sales promotion and Business development. 

5. I joined the organization on 22-June 2015 in the capacity of Sales Head South at Bangalore. The CEO of the company and the National Sales Manager were both present at Bangalore for my reporting. After giving my acknowledgment of Joining I was also asked to function as a Supper CSA against a Security deposit of Rs. 5 Lacks at Bangalore to supply to all CSA's / C&F's who would be appointed at Bangalore. On refusing to accept the offer of Supper CSA as I was closing my firm, The CEO presurized me to pay only Rs. 1 Lack as initital deposit. I also informed him that I did not have the money for deposits. The CEO then said I can some hoe arrange the money in 2 - 3 days, Accordingly as I was in need of a job, I had to agree and did so. 

6. The CEO and The National Sales MAnager were introduced to a CSA candidates in Chikkabalapur, Cochin, Chennai, Hyderabad, Mumbai from where the CEO and THe National Sales Manager offered very lucrative comissions along with all expenses reimberesement and collected deposits against Agreement e mailed to all parties ( On Letter Head). All parties were informed that the agreement made on legal paper will be made and sent very soon. 

7. A team of 33 people, including me were appointed in South India which were displayed before the CSA / C&F candidates to give them confidence in the organizations ability & strength. All candidates were intervieved by the CEO in person beefore appointing.

8. After this the CEO was in direct telephonic conversation with the Cochin CSA and convinced him to take up the Mother depot for entire south and west India, against a depoisit of 1.25 Crores. He was informed that I will be made total incharge of South and West India. The Cochin CSA agreed but passed the opportunity to one of his Friend in Chennai who was earlier the CSA for Generics at Chennai. He took up the Mother Depot  paying a initial deposit of Rs. 40 Lacks. 

9. All CSA / C&F were informed through their agreement that the stocks will be sent to them from the Company Directly. After initial 1 supply the company started sending stocks through the Mother Depot with out any communication to any CSA / C&F. When enquired the company told every one that they will shortly send a cercular to that effect. The same is never sent.

10. The company did not send any stocks , Promotional inputs for sales promotion , Physician Samples for the first 1-2 months. Only in August the samples were sent in a very very small quantity. 

11. The company also did not pay salary to the field force and many of the team members started leving the company. some gave information some didnot inform. Peopel were frustated as they were kept with out salalry for almost 2- 3 months. 

12. The team mean while had appointed distributors in the makrket and initital stocks were sent to them from the CSA. After this as the team started deserting the company for not getting salary the sales and collection stopped. As per the agreement with every CSA / C&F it was company responsibility to sell and generate collection. 

13. No comissions and expenses was also reimbersed to the CSA.

14. In the meanwhile the Cochin CSA had refered another CSA at Bangalore who was contacted by the CEO and I was taken along to appoint him as a CSA. When questioned about the need for a second CSA whe we had already got a CSA appointed I was informed that the Second CSA will be given a diferent Division to handle. OR if he wants to handle everything the deposit amount of the first CSA will be refunded as soon as the New CSA pays the Depoist. The second CSA asked for confirmation of goods despatch and the transport proof for paying the deposit. So he was provided a Transport Booking receipt of Some other goods and a fake invoice for the new division of OTC products which was not yet existing.

 

15. On comming to know the fact the Second CSA at Bangalore felt cheated of his money and informed the company to look out for some other party and return his amount.

16. He also lodged a police complaint and got the CEO and the Chairman arrested for interogation at Bangalore for 3 days in the month of September. Both the CEO and The Chairman escaped and absconded from Bangalore.  

17. All CSA started communicating to the company to refund their deposits and take back the stocks.

18. The Mother Depot in turn started sending legal notice to all the CSA to either return Stocks or pay for the material sent. [ Stocks could not be returned as part of the stocks were sent to distributors down the line from where the field force had given stocks to some retailors, and payment could not be made as there was no collection yet made from the market]

19. In the month of Feb / March 2016, The company again contacted me through the CEO ( Redesignated as COO) and MD, and started black mailing me saying that they will settle the issues between me ( Supper CSA) and the mother depot if I rejoin them and help them raise more funds. They also sent me a air ticket (one way) to attend a meeting at Head office.

20. I refused to be a part of them again as I strongly feel they have cheated me, every sales person and the CSA's. 

21. They have thretened me of recovering their losses from me.

The MD is appointed and his wife is a Director on the board. Likewise the Chairman is appointed and his wife is on the board. 

 

The company is still operative and Please let me know who I can help all my CSA's and the field force to get the money back. 



Learning

 4 Replies

Kumar Doab (FIN)     06 May 2016

All affected personnel may join hands.

All field personnel can approach Pharma Trade Unions and O/o Labor Commissioner/under Sales Promotion Employees Act, Inspecvtor appointed under Payment of Wages Act and Shops & Estbs Act.

All CSA can approach whlesale chemist associations.

You can also approach an able counsel specialzing in labor-service matters.

Get their assest/bank a/c  frozen and them arrested before they declare there is no money.

adv.raghavan (Advocate,9444674980)     09 May 2016

Endorsing the views of above said expert, and further going on, the case needs detail study ,as your version shows signs of criminality, and  contractual obligations were flouted. So it is better get hold of counsel at the earliest and try to fix them.

Shashidhar V (Zonal Manager)     10 May 2016

Dear Sir's, I request you to suggest a good counsel at Bangalore and guide me please. I will be grateful if you can give a Letter draft which I can send to every one aggrieved so that we can get everyone together to fix these criminals. Please help. Shashidhar V, 9448070361

Shashidhar V (Zonal Manager)     10 May 2016

I Dear Sir's, I request you to suggest a good counsel at Bangalore and guide me please. I will be grateful if you can give a Letter draft which I can send to every one aggrieved so that we can get everyone together to fix these criminals. Please help. Shashidhar V, 9448070361

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