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EI (35M) am a freelancing doctor and got a good offer in an upcoming hospital. The director said we are yet to start the hospital, we are acquiring beds, OT, staff etc, as part of that we are hiring docs slowly. The deal was I spend 2 hours at the hospital for a fixed retainer fee. I freelanced at that hospital from Nov 2024 to Feb 25. No official joining letter was given to me.
There was a doctor who worked for 3 MO the prior to me and was my senior. He resigned due to travel distance issues and I was taking his place. He reported no issues with the hospital so far.
After 1 month of me joining, my fee wasn’t credited citing some investor backing out issue and would be sorted “soon”.. 2nd month also salary was “delayed” due to a financial audit going on. Month 3 also same excuses with repeated promises being made that by month end ot would be made. Not just me, but all the staff (6 members) were facing this issue. By now I realized something is off and stopped going to the place.
Later I get to know one of the Directors absconded, hospital is in loss etc. I contacted the director who recruited me and asked for the pending salary. He kept saying he will pay the coming week once his losses are covered.
Gave him the benefit of doubt and time and 6 weeks passed with his excuses.Fed up, I asked him for a post dated cheque with my amount which he gave me. (2 cheques with different dates of half + half amount)
The day of the dated cheque he called saying his loan is not sanctioned, kindly deposit the cheque next week. And this excuse game went on for a month.Fed up with the false hopes I deposited the first cheque. And as expected it bounced. I recieved that cheque back and still have the other cheque. I doubt he’s going to pay up and this cheque bouncing game will go on.
From what I heard, even if I send a legal notice, he will delay appearance in Court and the case will pull for 2 to 3 years. Being a doctor with a reasonably busy practice, I don’t have the time to run around. Also I heard the lawyer fees for these 2 to 3 years will be equal to the amount I’m supposed to get (2 lakh)
I do not know how far this is true, hence I’m asking here.. what are my options?
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DHi. I’m a Delhi based lawyer. The case will definitely take that much time, but you should send a legal notice regardless, within 15 days of you learning about the dishonour and give him 15 days to honour it. If he doesn’t do it, you’ll have 30 days thereafter to file a complaint. These are fixed timelines so please send your notice in a timely manner, as no delay gets condoned here. Must deposit the other cheque as well.
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UWhat if someone misses the timeline?
In that case the cheque can be represented again after getting bounce & elapse of said time, right? Or are there some other options?His other concerns are unanswered:
He can hire a lawyer to take up the case or can represent as a PIP, it’s not that he have to appear every day.He can ask litigation cost as well & he is even entitled for the same being aggrieved party.
Apart from that, defaulter can be punished with the imprisonment upto 2 year or fine upto 2X of the amount of bounced cheque or both as it’s a criminal offence defined u/s 138 of NIA.
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ALawyer here
See mate
You should send him a legal notice asking for that money and if does not pay you in the time limit, file the case in the correct jurisdiction.
Yes, you do not have to appear on all the dates
You can appear through VC is that is available
And kindly expect that the case will go on for 2 years.
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