Uma Maheshwar (Student) 05 July 2015

Pvt organization not refunding money.

Respected Sirs,

I, along with a few friends of mine, was selected by Phoenix Maritime Services Pvt Ltd for Merchant Navy Course, after the completion of which, they were supposed to provide me with a job, for which they charged Rs 2,25,000/- to each to us. They made us sign an Undertaking, which I have attached below for your reference. In that undertaking, they have mentioned that we would have to wait for 4-6 months for job. As per agreement, we waited beyond 6 months. Now, my friends went to their office and demanded repayment of money. After a brief argument, the director of the company issued them with post-dated cheques, which bounced repeatedly. I was unable to accompany them as my father had health issues and I had to take care of him. So, these people went to the office again and informed about cheque bounce, to which the director replied that he doesn't have any money and that if these people fil cases against him, he would declare bankruptancy and escape from obligation to repay the money. A few pointers here are:

1] He is providing placement services in voilation of Merchant Shipping Act, 1958, which states that only companies/agencies having valid RPSL(Recruitment and Placement Services Licence) can provide placement t seafarers, and also that it should be done at no charge. But here, they charged us money for placement, as mentioned above.

2] The persons who run this firm are lawyers themselves, and hence are daring us to file cases against them, in which case they would declare bankruptcy and wash off their hands.

My query is: What can we do in such circumstances? I am pretty sure that being lawyers themselves, they would have all their personal properties in the names of their relatives or someone, which would lead to zero liquidity of their assets when they declare bankruptcy. Please advice, as these people have wasted away 2 valuable years of our lives, along with destroying our careers and eating up almost Rs3 lakhs from each of us. Thanks in advance

P.S: PHOENIX MARITIME SERVICES AND PHOENIX SEA SERVICES ARE ONE AND THE SAME

THEIR WEBSITES: https://www.phoenixsea.com https://www.phoenixmaritime.in/

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9 Replies

Kumar Doab (FIN) 05 July 2015

It is felt that you are referring to clause no:22 in the attachment.

Lawyer is not above law.

You have posted that;

----“After a brief argument, the director of the company issued them with post-dated cheques, which bounced repeatedly.”

Did anyone minute that these cheques are issued in lieu of what?

Did anyone explore the meritorious opportunity of NI Act for Cheque bounce?

----“So, these people went to the office again and informed about cheque bounce, to which the director replied that he doesn't have any money and that if these people fil cases against him, he would declare bankruptancy and escape from obligation to repay the money.’

Did anyone record it (audio/visual/minuted/witnessed)?

All students may join hands and stand as a witness to each other.

Proceed further under expert advise of an able lawyer/law firm and lodge complaints with all authorities e.g. Univ with it is affiliated, minister, regulators…………………..and create noise even if you have to approach media and arrange protest, demonstration thru students union etc

If you delay the defaulters would happily watching for the limitation Act to cancel your claim.

They had bowed to pressure and issue cheques and they may end up paying.

You have to act and try.

Uma Maheshwar (Student) 05 July 2015

Thank You, sir. My pointers to your queries:

1] No, no one has filed a case against them as of now, because they are saying that as soon as the case is filed, they would declare bankruptcy, thereby losing all chances of recovery of our money.

2] this is not one-off case, sir.This is the order of the day in places like Mumbai. Atleast this company is registered with MCA:

3] No, recording or video-taping of the conversation did not happen, as the receptionist collects our mobile phones before our meeting with these people. I am contemplating usage of pen-camera, would think of using it next time. I am yt to go and collect my cheque. But my friends have already done so and they are stating their experience to me, which I have put forth here.

4] Those cheques were issued for repayment of the money they took from us. While giving those cheques, they made these students to sign an agreement on Legal Document, briefly stating that "they would not defame Phoenix Maritime Services in any manner". The exact contents are unknown to me.

5] It is a private enterprise, not affiliated to any university. The company sent us for training to A college which was recognized by DG Shipping. And DG Shipping have been receiving many complaints of late which are similar in nature. There were a few protests and rallies organized by students too. All of that fell on deaf ears.

Kumar Doab (FIN) 05 July 2015

If the instrument of payment issued is Cheque and cheque has bounced then lodging notice to pay and having failed to pay lodging complaint for cheque should not amount to defamation.

All of you should consult an able lawyer in person, with whatever docs on record you have.

Escalate to the level of CM,PM and DGP-Police and leave nothing to defend your rights.

Uma Maheshwar (Student) 05 July 2015

Sure Sir. Would do that. My query is, what would happen if these people declare bankruptcy?? What steps can we take in that case?

Kumar Doab (FIN) 05 July 2015

Generate evidence of all assets in anyone name or even benami........... It is not that easy to get Bankruptcy. Unite and approach an able lawyer.

Uma Maheshwar (Student) 05 July 2015

Sir,

I read somewhere in this forum that Assets and Liabilities list would have to be provided by them to the annointed officer. Correct me if I am wrong. Also, their office is in Nagpur. Whereas, I live in Trivandrum and my friends in Bangalore. So where do we have to file the case??? Would it be sufficient if we file it in Trivandrum? Or do we have to go to Nagpur and file the case there??

Kumar Doab (FIN) 05 July 2015

Show all docs on record to an able lawyer. Your counsel may opine that it might be possible to file chequ bounce case at Bangalore.

The lawyer that has examined all docs on record and your inputs in person can advise you the best.

From your side leave no stone unturned.

Even a lawyer will be afraid to serve jail time.

Uma Maheshwar (Student) 05 July 2015

Thank You Sir.

How do I try and get a list of assets in his/his family/benami name...??? Any ideas??

Kumar Doab (FIN) 06 July 2015

You on your own with your own efforts, thru colleagues, friends, well wishers, acquaintances, lawyers, unions, police, private detective agencies, media etc etc

You can think of other ideas as well.

You may wait for other suggestions by other members and approach your lawyer for the needful.