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CI am a lawyer.
This is a civil dispute. They can try to make it criminal but the police will most likely not entertain such a complaint. The amount involved is also meager.
Yes, they are trying to extract as much money as possible. Don’t give into their demands. Legally they have a very weak case. If they settle for like 5k, that should be fine. It will put a closure to this issue.
CHmm. I don’t think anyone who has replied to this post is a lawyer.Anyway, the only thing that is messed up in this would be your friend’s CIBIL score.
As you said, your friend paid all dues sometime August 2017 and that only 100 odd rupees was left to be paid. If this is the only amount that is to be paid, then the credit card company would have three years from September 2017 to initiate any legal action for recovery of the money. Even if one excludes Covid 19 period, still they should have filed something in the beginning of 2023. So legally they can’t recover the principal of 100 Rs as the debt is time barred.
But, if there are yearly charges which are getting added every year, the the Credit card company gets a fresh right every year for the annual charges and the time to file any proceedings is 3 years from the date when you have to pay for those yearly charges.
So, ask your friend to download all statements from July 2017 till date and see what you are being charged for.
Getting CIBIL corrected is another headache.
CWhat we do is, visit the police station, understand what the complaint is about and then decide whether our client should go or not. You lawyer needs to find out who has filed the complaint and for what.CSo when police only wants to enquire wrt a crime and not arrest, notice under 35(3) is sent. From the looks of it it seems legit. Such notices are sent regularly in enquiries where arrest is not required.But what is suspicious is that cops didn’t confirm the filing to your lawyer. Most likely the lawyer didn’t meet the right person or is incompetent. Also possible that the notice is a fake, but we ll leave that to later.
You should find another lawyer to confirm and meet the officer whose name is mentioned in the notice and check with him. Only once it’s confirmed you can decide on next course of action.
CFIR gets investigated. Then on conclusion of investigation if anything is found or not found then it goes to court for further directions. Chargesheet is filed in cases where some commission of cognizable offence is found.CWhen your lawyer visited the police station, did they atleast confirm that an fir was filed? Under which section is the notice issued? I am not asking charging sections.CI don’t know if you will get rehired after resigning in case of a take over.But I do know this:
If your company has more than 100 employees, permission of the state government/labour commissioner is required to lay-off or terminate any employee and a reason has to be given. If it’s below 100 and above 50 only intimation and reason has to be given of lay-off.
If you resign, this regulatory compliance requirement go away, which is a major hassle if there are many employees.
Also, if you resign, you are not entitled to termination/lay-off compensation. Btw it’s only payable if you fall within the category of “workmen” under the Industrial Disputes Act 1947. If you are terminated/ laid off, you are eligible for the layoff compensation (formula in Industrial Disputes Act). These are just some of the compliances, there are others as well.
There is too much paperwork involved in termination for HR of so many employees, so they always ask for resignation first.
I am not judging the actions of the company and I don’t know what will follow after your resignations.
CI cannot see why it would be illegal.Notes with specific numbers are rare and thus are collectible items for some people. It’s like selling a rare gold coin from the Roman era. Value of gold is fixed, but you are not paying only for the gold, you are paying for something which is not easily available in the market.
