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Raja Arunava (Proprietor)     18 October 2010

HELP ME I AM IN TROUBLE

Respected sir,
              I am a wholesale trader and distributor of several company products. Sir, I am working for one company named BILT. they have done a thing in my account what i have never heard in my life. They have made some invoices in my account and deposited some payments against those invoices without my knowledge. They have deposited some less payment against those invoices and now they are showing an Outstanding in my books of account though I have paid everything according to my books of account maintained by me. They have stopped my billing for this fake outstanding and now I am suffering loss as they have stopped business.
I have communicated several times but they are ignoring the fact. They even do not give the details of receipt(Transport) of those invoice what I have not received. neither they are giving me the details of those payment which was not from my account(Bank).
Sir, Now I am trouble and may be in big trouble as their books of account and mine is not matching.
Sir, without my fault they have thrown me in trouble thats why I want to teach them a lesson. I am suppose to get a good amount79000 from company as a claim and my security deposit amount 25000. I am from a middle class family I can not bear such loss. Please help me.
Thanks & Regards
Arunava Chattaraj



Learning

 7 Replies

DEEPAK ASSOCIATES (08010117611)     18 October 2010

you can file a civil suit of Permanent Injuction for not stopping the business. Further if you want to settle you account then file a suit for redention of account in a civil court having jurisdiction. Suit for Demage and claims can be filed it need court fee but there is authorities that at time of filling of suit for demage only tentatively fee can be affixed and later on upon decision the balance court fee can be filled

 

as regards to fictitious transcation an FIR can be filed

SACHIN AGARWAL (ADVOCATE)     18 October 2010

You can file a suit for rendition of accounts before the Court of competant jurisdiction and in that suit whenever the Company appear and submit its written statement and other documents, you move an application under Order 11 CPC for producing the documents regarding your receipt of goods and when they would not be in a position to submit your receipts, you would be benefited.

 

You can also lodge an F.I.R. or Criminal Complaint against the Company and its Directors and Managers etc. for commiting breach of trust and cheating.

adv. rajeev ( rajoo ) (practicing advocate)     19 October 2010

File a suit for recovery of moeny of Rs.104,000/- but you will have to pay the court fee on it.

V. VASUDEVAN (LEGAL COUNSEL)     19 October 2010

The process advised by my learned colleagues are the right legal remedy. However, it would take quite a long years and would not provide any immediate remedy. You can compile a sequence of transactions and complete set of documents, as per your records and approach the highest authorities of the company, preferably through Dealer's association or some representative body. If this does not help, there will be no option but to the file suit advised. Try a chance of amicable settlement of issues and approach the higher authorities directly.

vasudevan

arvind prasad (mca)     20 October 2010

 

I have studied for the past 6 years in two autonomous institutions.they are very much strict and students cannot access their rights properly.unnecessarily staffs scolds and reduces marks and students cannot ask question against them.how can i make a case against autonomous instituitions.Please tell me which law and about evidences i have to submit in the court.

radha (freelancer)     23 October 2010

The learned members have given their valuable suggestions.

The Invoice raised by the company in the name of  stockist/CA/CFA/Dealer/Super stockist has to have 

Company's sale tax/ VAT numbers and stockist/CA/CFA/Dealer/Super stockist's sale tax/ VAT numbers , detail of goods sold, number of cartons, value of sale etc, and LR/AWB number and name of transport/courier thru which the consignment is booked.

The transporter has to cross the sales tax barriers/toll tax barriers thru which they pass.

You must obtain the copies of invoices and take up the matter in detail , strongly,and in writing only thru registred post with the MD of the company, MD of the transport/courier and ask for the receipt of goods/invoices/tax deposit receipts.

Through the concerned regulator/ministry of your trade you can persue thru RTI to obtain the documents required by you.

If this company BILT is a Pharma company, you may mark a copy of your letters to the local president/ your state president/national president of AIOCD., or else with concerned associations of your trade.You may meet the association leaders in person and ask them to write to the company's MD with a copy to you.You may seek their help to obtain details from the transporter. Transporters/couriers's business survive on the patronage of dealers, therefore you can expect right response from them. 


(Guest)

I agree all.  Better chose to settle amicably.  if not come to fruitful then you file case


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