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Cheated by Employee

339 Views  ⚫  Asked 4 Years Ago
asked on Oct 24, 2013 at 22:21
by   ssv482013
My company is a supplier of food and beverage to supermarket. 6 months ago we had been called by a large chain of supermarket owner to supply our goods to their outlet. I was dealing with a particular employee (mr X) who was Assistant Manager of the company. He informed us that to display our products in the outlet, we need to pay RM5000.00 as rental of space. He requested us to bank in the money to Company A's account which is not the supermarket name. When we enquired why its a different company name, the employee mentioned that Company A is a subsidy of the Supermarket and is in charge of allocating the space and making of the shelf, so we need to pay directly to them.
Based on this we banked in the required amount to the given account. Purchase order were issued and we supplied the goods to the outlet. Once the store was opened and the management called us to sign the official relevant documents for the trading terms.   When we went for the meeting, I was informed that we need to pay every month RM1000.00 for  rental of space.  WHen I told them I already paid RM5000.00 for this purpose than they informed me that MR X is no longer in the company and the money that was paid to Company A has got nothing to do with the Supermarket. 

During the meeting the management informed me that they are not responsible for it as we should not have paid to Company A.  Though the Supermarket has paid in full for the first supply of goods, for the subsequent supply of goods, they have deducted for rental of space and other trading terms which we do not agree and not as per the agreement with MR. X

Initially they informed me that they will give me MR X personal details so I can make a police report and take legal action against him. But now they say they cannot reveal their employees information.

I feel that as an employer they are responsible for their employee and they are bound to repay us back the RM5000.00

Is there anyway I can recover this amount thru legal measure from the Supermarket.

The MR x is longer contactable
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10 Answers
answered on Oct 25, 2013 at 15:52
by   lawnovice
Obviously you got cheated by people smarter then you.

Get the IC/address of Mr. X and report police and start a legal lawsuit.

Demand RM1 Million, if Mr.X still hiding then u get "Judgment in Default" and Mr. X will owe you RM1 Million.

That's how the system work, use it.
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answered on Oct 25, 2013 at 20:20
by   medavi
Since the employer is reluctant to give me the personal details of Mr X, can I demand legally from the employer to give the details of Mr X.

How can I make a police report without personal details?
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answered on Oct 26, 2013 at 00:13
by   lawnovice
Go get from SSM ler...

Then demand from the company, tell them if they don't give that person name/ic, u sue/report that company lah

What prove you got, dealing with Mr. X or the company?
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answered on Oct 26, 2013 at 03:06
by   medavi
I have sms communication as proof of the dealing. It clearly states that he wants me to pay the amount for rental of space and he instructing me to bank into the account of Company X.
The whole sms text relates to this topic. I have bank in slips of bank transfers etc.

I have all their Form 13,9 and 49.

Purchase Order to supply good, acknowledgement of my invoice. They have also paid me for my first supply of goods.

They told me to make a police report aginst Mr X, so I asked them how to make report without the person's detail. So I told them I will make a police report stating I am making a report against their company employee and that I will submit all their company documents etc..
They also worried and dont want to drag their company name coz its reputable.

Can't I sue the company under the "Contributory Negligence Act"

My company as a 3rd party suffering the loss  due to their employees misconduct. Aren't  the employer liable to pay for the damages, since Mr X is not traceable?
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answered on Oct 26, 2013 at 03:10
by   medavi
I also have MR x's business card which states he is the Assistant Manager of the Company
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answered on Oct 26, 2013 at 19:03
by   lawnovice
You can sue Company A or Mr. X.

Suing Mr. X should be easy since he in hiding, so if you file in RM1 million lawsuit, he ignore, you win.

Suing Company A, you may get into long legal tussle, coz they probably will defend.

The amount is too small to be worthy of a lawyer service, so you need to do it on your own.

Start drafting a "Statement of Claim" and send to your enemy as the first step.
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answered on Oct 30, 2013 at 04:12
by   medavi
Thanks for your advise.  Where can I get a sample of "Statement of Claim"
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answered on Oct 30, 2013 at 16:00
by   lawnovice
Have you formally made demand from your enemy?

If not, do this at: http://www.lawyerment.com.my/library/fl/pnlf/ltr/dmpt.shtml

Add interest, inconvenience payment and whatever demand you want.

If still no reply, then prepare:-

1. Pernyataan Tuntutan
2. Writ Saman

This 2 document will be submitted to Hight Court to start your fight.
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answered on Oct 30, 2013 at 19:05
by   medavi
Actually I have not made any demands from my enemy to refund the Rm5000.00

All the while , the conversation is to how to recover the money from MR X and for them to give the information about MR X.

Everytime I call the manager he says he will speak to the Datuk of the company and revert to me and till now he has not come back to me.

I think I will send official letter to them now.
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answered on Feb 22, 2014 at 19:16
by   voisbornn
A Statement of Claim is a court document that sets out how much the plaintiff claims you owe them and why they are making the claim. You will be sent or given a copy of the Statement of Claim.
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