• Non payment of FnF by company

Hi,
My husband resigned from a private company in 2019 and the company said that FnF cheque would be given after 45 days. It is 2021 now and we have not yet received the payment. Last tear we sent mail but no one replied. I have visited the company thrice but every time the HR says that cheque will be given in a day or two. He never receives my call and everytime I visit he asks me to visit again as cheque is not available with him. I am seriously pissed off and now want proper compensation for my time and harassment.
Asked 4 years ago in Civil Law

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5 Answers

Issue legal notice to company to pay outstanding dues 

 

2) if company fails to pay file summary suit under order XXXVII of code of civil procedure to recover your dues with interest 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- As per law, the said company is bound to refund the said FnF amount legally.

- If not refunded , then your husband should issue a legal demand notice for claiming the amount 

- Further, if no response, then file a recovery suit before the court. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

You should have resorted to legal action to recover your dues from the company instead of begging them everytime.

There is no point in approaching them every now and then without any concrete solution in the sight.

You may send a legal notice through your lawyer demanding the dues that are to be paid from company side to you.

If they do not comply to the demands made in the legal notice you may file a money recovery suit to recover the amount with interest till the date of settlement.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. Why did he wait for 2 years?

2. He ought to have served a lawyer's notice to the company immediately to release the amount. Do it without delay now.

3. If the full and final settlement is still not made then he can file a suit for recovery of money in the civil court.

 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Dear sir,

1. you can file a legal notice to the company for giving you the  FnF cheque for payment of dues.

2. after that you can approach labor court under s-33 c(2) of the industrial dispute act. Also you can file a civil suit for the same cause of action

Thank you

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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