• Company holding my certificates and not giving back

I was interviewed by Pararminfo based on Hyderabad for an opportunity with them for Dubai location just before the lockdown. I turned down the decision to not to join them as I didn’t find it suitable based on the current situation. They took 2 of my graduation and post graduation certificates to apply for Visa but before they could process it I asked the hiring manager to stop applying for Visa. During lock down I could not collect the certificates as office was closed. Now when I’m trying to contact them non of them are answering to my mails, messages and calls. What should I do now?
Asked 4 years ago in Labour

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21 Answers

You need to send them legal notice if still not returned then you need to approach court

Prashant Nayak
Advocate, Mumbai
32444 Answers
199 Consultations

For any assistance contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. Consultation applicable.

Prashant Nayak
Advocate, Mumbai
32444 Answers
199 Consultations

For the draft of legal notice you need to personally contact the particular lawyer 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Well I wonder what would they like to do with your original certificates except to cause harassment. 

2. Their avoidance to take your call or return the certificates is making such motives apparent. 

3. Now to get back the same you can lodge complaint of extortion and criminal breach of trust with local police station.  Once the FIR is registered you should soon get back the same. 

Devajyoti Barman
Advocate, Kolkata
23203 Answers
511 Consultations

Send them a legal notice and ask them to send them the certificates immediately or face legal action.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Engage an advocate who will send it for you.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes,Definitely legal notice. 

No labour court.

Please issue legal notice demanding back your certificate otherwise cheating and Criminal breach of trust case would be filed against them under section 406 and 420 r/w  34 of I P C.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Issue company legal notice to return to your certificates 

 

2) if company refuses file complaint under section 406 of IPC against company and its officers

Ajay Sethi
Advocate, Mumbai
96838 Answers
7812 Consultations

You can engage lawyer to send legal notice 

 

2) you can file police complaint under section 406 of IPC for criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
96838 Answers
7812 Consultations

1. Serve a lawyer's notice to the company demanding the return of your documents.

2. If certificates are still not returned the a suit for mandatory injunction can be filed.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

File a police complaint for cheating and fraud against the company for taking your certificate on the pretext for applying for visa but can be misuse in future as they are not returning, after complaint you will see they will return immediately.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

- As per Specific relief Act, you can cancel the offer of employment , and there is no law that force you to join the same without your consent . 

- Further , legally no employer can refused to return the original certificates taken at the time of interview or joining of the job. If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Since, that company is not returning your certificates , then lodge a complaint against the said employer before the police , as it is an offence to hold others certificates or passport. 

- However, you can also send a legal notice to the said company for getting the certificates back and to claim compensation for mental harassment . 

 No, need to file a court case. 

 

You can connect me via kaanoon.com if needed further advise. 

Mohammed Shahzad
Advocate, Delhi
14447 Answers
221 Consultations

Send legal notice. It will send by an Advocate. Issue will solve by filing police complaint. Labor court is last resort.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

You issue a legal notice to them through your lawyer to return the certificates held by them.

If they don't respond then you can file a criminal complaint agaisnt them with the local police for not returning your educational certificates.

You can resort to legal action after that.

 

T Kalaiselvan
Advocate, Vellore
87033 Answers
2337 Consultations

You contact a local advocate and consult the issue at length  and cause to issue a legal notice on his advice and suggestions.

He will be able to guide you on all such further issues. 

T Kalaiselvan
Advocate, Vellore
87033 Answers
2337 Consultations

1. You should send them a legal notice for demanding back your original certificate with in 15 days of recieving the notice.

2. If they didn't reply to legal notice or refuse to return the documents then you can make police complaint against them for illegal possession of your certificates and also file suit to claim compensation due to loss suffered without original documents.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

company has no right to hold your certificates they are liable to be prosecuted in the court of law first issue legal notice to the company through an advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can engage local lawyer to send legal notice 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Sir,

Yes, they might be thinking to extract more money from you if you approach them personally. Better get issue a strong legal notice saying you will file compensation case claiming Rs.10 lacs and criminal case if they do not return further put low ratings on social network. They will come down if you start defaming them on social network. Take short cut methods and they will return the same. Following the similar case wherein the bankers refused to return the documents. 

================================================================

Madras High Court

M.Shanthi vs Bank Of Baroda on 9 August, 2017  

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT              

DATED: 09.08.2017 

RESERVED ON : 02.09.2016    

DELIVERED ON : 09.08.2017   

CORAM  

THE HONOURABLE MR.JUSTICE NOOTY. RAMAMOHANA RAO                

AND 

THE HONOURABLE MR.JUSTICE S.S.SUNDAR    

==========================================================

31.Hence this Court is of the firm view that the respondent bank cannot exercise right of lien to secure any other liabilities of the mortgagor by retaining the documents of the mortgagor or guarantor, which are deposited with an intention to secure a particular loan transaction. Lien is primarily considered as a right to retain security. It is doubtful, whether in exercise of such right to retain the title deeds the mortgagee can bring the property for sale for recovery of some debt which is due from the mortgagor, in connection with a different transaction, which is not covered by the mortgage

37.In view of the findings as arrived at by this Court, the writ petition filed by the petitioner stands allowed and the respondent bank is directed to return the documents in respect of the properties belonging to the petitioner which were given as security by way of deposit of title deeds.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

Dear Sir,

You are required to send the legal notice stating that the certificates by returned to you within 15 days else suitable cases will be filed against the company and its concerned officials. It is also suggested that this is not the right forum for asking an advocate help directly. You may go to "Talk to a lawyer" or "Hire a lawyer" of Kaanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.  

Ganesh Singh
Advocate, New Delhi
6768 Answers
16 Consultations

Immediately file an FIR under section 420 of the ipc.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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