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QI owned a well-known company’s courier franchise back in 2021. I used to work for the company as a branch manager initially then my reporting manager talked me into getting a franchise of the organisation which he’ll support from within the branch. So, I left my job and got the franchise then I started getting customers putting huge parcels through the company. The manager supported initially but then stopped supporting giving vague reasons. He had initially helped to pay deposit for the shop we rented. I would pay him any amount I could even if the franchise wasn’t making any profits.
Then, I made a good customer who daily used to give me 10-15 parcels. That customer had one of the shipments worth 4.5 lakhs INR which was I’ll go ahead and say “STOLEN” by the company during transit. Then, the customer refused to pay the entire billing amount of that month which I guess amounted to 70-80k. A lot of escalation happened regarding that parcel. The delivery branch at the endpoint also went to the customer’s house threatening them of stealing and all that.
Then after all this, everything crashed for me. I abruptly stopped everything and never got in writing that the franchise is closed. I had paid the security deposit of 50k while starting the franchise. I let go of that. Now, I didn’t pay anything to the company for that month’s billing which amounted to something around 1.5-1.8 lakhs.
Now, I initially got the mails stating my outstanding is xyz amount.
I never replied to anything.
Now, after 4-4.5 years afterwards, I get a WhatsApp text stating they are from DTDC and my franchise code, the outstanding amount is mentioned in the message. Should I take any action? What should I do? I am at a loss. Please give suggestions. -
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QAs per my reading, legal debt enforcement age in india is 3 years unless the debt is acknowledged by the lending party. More than 3 years have passed since my last communication with the company and I haven’t acknowledged any debt.
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SYou don’t have to acknowledge any debt. They can argue that their own books of accounts is enough acknowledgement of what is due.
What the law says and how it is implemented may be different. Yes for all practical purposes the limit is 3 years from last date of engagement (receipt of invoice or money) but there are ways to manipulate that so the timeline doesn’t remain as strict as it is.
Also since this was a franchisee there may be other terms you have agreed too.
If you have any terms and conditions and any agreements with principal company- a lawyer may have to read that to truly inform you of the right strategy for you.
From the information available here i can’t tell you with 100% certainty if you can remain consequence free if you don’t engage with them.
That’s my “expert opinion”.
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