Legal Question in Business Law in India

Need Your Guidance...

I place doctors in abroad, I had processed a doctors resume for one of my client in abroad, our fee is 10days salary (out of which 50% he has to pay when he signs a contract with the hospital rest when he gets his visa, tickets and medical licence) after mutaul agreement I processed his profile & got him Contract, (on which he paid 50% of the agreed fee), later I got him medical licence, Visa & tickets,

He was supposed to fly in 5days, he informed me that he is not interested and demanded me to refund the amount he paid, I refused and now he is harassing me and also I am getting calls from police station to settle his amount or face consequences.

Plz guide me what to do.

Thanks In Advance


Asked on 1/27/14, 2:50 am

5 Answers from Attorneys

si need to see the agreement you have signed with him before I can advice.pl ontact 9312411481.

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Answered on 1/27/14, 4:38 am

Don't worry, I would like to know in details about the case and review the relevant document created in support , to give appropriate advice.

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Answered on 1/27/14, 6:00 am
Fca Prashant Chavan Expert Edge LLP

27.01.2014

Dear Sir / Madam,

Head Hunting especially of doctors is a specialized and sensitive task. If the doctor has turned down the offer at the 11th hour on some pretext, he / she remains liable to pay you the agreed placement fees. His / her refusal to accept the offer at the last minute has considerably damaged and hampered your market reputation, let alone the fees for the assignment. If you have the defaulting doctor's signed written Agreement to all the terms and conditions of your placement agency, you should produce it to whomsoever is unduly unnecessarily harassing you. To be wise, you should also put a clause in the Agreement to protect you against such last minute refusals of candidates on job offers that your firm procures for them.

Regards,

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Answered on 1/27/14, 6:56 am

Dear Client,

I assume that you had not entered into a contract with the doctor with a foreiture clause, in this case it is wise to return the processing fee with a receipt from the doctor in his own handwriting stating that he was selected but on his own he declined the offer on the ground f personal inconviniene and pay the amount by cheque or demand draft or bankers cheque to avoid furrher allegations incorporating the instrument no. On the receipt. If you are in this business please enter into a contract with the client with all the details terms and consituons on a Rs.100 stamp paper purchased in clients name to avoid further legal problems.If you need any clarifications or help regarding making the contractual document call me on 09387714156 any time.

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Answered on 1/27/14, 7:51 am
Rajiv Gupta +91 9811284735 KarVai Legal Solutions www.karvai.in

We need to go through the agreement before suggesting anything.

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Answered on 1/28/14, 11:46 pm


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