• Cheating by inducement and false promise

A Corporate in Chennai by false promise transferred me on Intra company work permit to its group company in a foreign country .Promised to pay salary equal to that country Citizen by doing salary survey .But did not do/ pay as per salary survey . Also made to work in two jobs in violation of work permit condition . The Chairman of the Chennai Company in writing agreed that I have worked in multiple responsibilities not withstanding contractual obligations and agreed to compensate with a reward .The Board of Directors of the Foreign Company agreed that I have done two job and agreed to compensate (Indian Company Directors are also Directors in the foreign company because they are the major share holders)

However after getting the work done from me, the Indian Company Chairman from Chennai cheated me and not paid any compensation / reward .The promise was made in the year 2013 and my several attempts to get justice from the Chairman failed . However fortunately when I contacted the Chairman recently in October 2021 by mobile he has picked up my call . When I asked for the money promised by him , he told me that I HAVE NOT RESPECTED HIM .
Also My grievance is pending with External Affairs Ministry New Delhi for last 7 years but no action taken . Please advise what should I do to get Justice from the arrogant Corporate who have cheated me .
Asked 3 years ago in Criminal Law
Religion: Hindu

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8 Answers

Hello, 

1. Firstly you have to follow up with the External Affairs Ministry regarding the status of your grievances raised 7 years back. If that is not being responded to you can approach the court against the ministry for inaction and your losses. 

2. On basis of your recent conversation with the Chairman and the history of the arrears pending, you can issue a legal notice to him demanding the payment. 

3. You will be required to explain  the delay in initiating legal steps as your recovery attempt is hit by limitation of 3 years. Apart from this you will need to deal with dual job against the work permit. Need to know the nature of proceedings you initiated at the External Affairs. 

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Your claim for recovery of compensation is barred by limitation 

 

2) you can file criminal case of cheating against the company and its directors under section 420 of IPC 

Ajay Sethi
Advocate, Mumbai
96920 Answers
7820 Consultations

You should have resorted to legal action to recover your dues from your employer within 3 years from the date of cause of action. 

Even now you can issue a legal demand notice to the company and get an acknowledgement that they owe you this amount which would extend the limitation to recover the amount legally from the employer. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

You can file a suit for breach of contract if they have violated conditions of the written contract to you. 


Cheating is not maintainable as the same is civil offence and cannot be given criminal color. At the most breach of contract and compensation is maintainable

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Prefer a complaint before labour commissioner chennai. 

G.RAJAGANAPATHY 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2190 Answers
8 Consultations

- You can take the legal action against that Indian Company for withholding your salary for work done. 

- However, you cannot file a recovery suit as the limitation period of 3 years already lapsed.

- But, you can file a case against him for the offence of cheating and breach of trust.

- Send a legal demand notice before filing any case. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Querist

You should issue a legal notice to them through an advocate and claim your damages and compensation along with the interest for that amount including the compensation for harassment mentally and physically.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Hi... You have all the right to recover the moneys you have worked hard for, you can send a legal notice to start with and i am confident that a legal notice will do the trick. 

 

Thanks

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

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