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UI have a small MSME where I’ve hired some marketing consultants for promotion/sales purposes. The deal with these consultants is that they get a percent of the order value that they’ve booked. Out of good will, i have an advance to one of these consultants from the company account itself a few months back with the intention that he will earn that money over time with the orders that he books. But he failed to get any substantial orders and has now stopped reporting to work as well. The only proof I have as of now is that this reflects in my books as this was a verbal contract, he stopped reporting before the paperwork could be done. What can i do – i loaned him a good 10 lakhs which obviously i can use for my business. I’ve tried calling him multiple times, but he just ignores my calls now. Any advice on how to navigate this? Legally or otherwise? Ill take any help i can get.
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QThis is typically called a draw against commission. IF you both verbally agreed that this is recoverable commission, you should hire a lawyer and send him a legal notice. Verbal agreements may seem like nothing but they are legally valid and you can sue to recover. Speak to a lawyer who specialises in contract laws.
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ALawyer here.
Did you have any contract/proof of hiring him for services?
Were you registered under MSME when you hired him?
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UThat’s the problem – it was a verbal contract and he absconded before I could get to the paper work. We were registered under MSME and we got the transactions done through the official account so that it would reflect in our books. I’m worried because there is no written proof of the contract and the terms
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