Scenario: An internship provider mentions a sum of money to be paid as collateral/security deposit against the delivery of a laptop and mobile for the job at hand. It is stated that the said collateral/security deposit will be refunded as soon as the laptop is set up and registered upon delivery by the candidate/applicant.
However, upon payment of the collateral/security deposit, the internship provider mentions that an additional sum of money is to be paid for logistics. The candidate cannot and does not wish to pay the additional sum for logistics as it was not mentioned before the payment of the collateral/security deposit.
The internship provider then mentions that since the payment of collateral has already been made and the payroll/registration process has been initiated, the candidate, upon opting out of the internship, will not be refunded the initial collateral/security deposit already paid by him.
The candidate points out that no term sheet containing "terms and conditions" for the non-refund was provided, nor does any such written and duly signed agreement exist. Following this, the internship provider mentions that on the grounds of "company good faith," they will process the refund within 90-120 days from the date of opting out.
Note:
1. The candidate opted out on the same day the collateral was paid, and communication of the internship rules was conveyed.
2. The internship provider does not professionally respond to emails. The tone of response is rather rude and can be personally attacking.
From India, Bengaluru
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However, upon payment of the collateral/security deposit, the internship provider mentions that an additional sum of money is to be paid for logistics. The candidate cannot and does not wish to pay the additional sum for logistics as it was not mentioned before the payment of the collateral/security deposit.
The internship provider then mentions that since the payment of collateral has already been made and the payroll/registration process has been initiated, the candidate, upon opting out of the internship, will not be refunded the initial collateral/security deposit already paid by him.
The candidate points out that no term sheet containing "terms and conditions" for the non-refund was provided, nor does any such written and duly signed agreement exist. Following this, the internship provider mentions that on the grounds of "company good faith," they will process the refund within 90-120 days from the date of opting out.
Note:
1. The candidate opted out on the same day the collateral was paid, and communication of the internship rules was conveyed.
2. The internship provider does not professionally respond to emails. The tone of response is rather rude and can be personally attacking.
From India, Bengaluru
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In this situation, the candidate has several avenues to explore to recover the security deposit improperly withheld by the internship provider:
Remedy for the recovery of the collateral/security deposit:
1. Document Everything: Keep records of all communication with the internship provider, including emails, payment receipts, and any documents provided by the company.
2. Review Indian Labor Laws: Consult the relevant labor laws in India regarding internship agreements and security deposits to understand your rights as an intern and the obligations of the internship provider.
3. Send a Formal Demand Letter: Draft a formal letter demanding the return of the security deposit citing the lack of prior disclosure of additional fees and the absence of a signed agreement for non-refund. Request a specific timeline for the refund.
4. Seek Legal Advice: If the internship provider continues to refuse the refund, consider seeking legal advice to understand the legal options available to you under Indian law.
5. File a Complaint: If necessary, file a complaint with the appropriate authorities in Bengaluru, India, such as the labor department or consumer protection agency, detailing the situation and providing all relevant evidence.
Reporting Shady Activity to Authorities:
1. Contact Labor Department: Inform the local labor department about the internship provider's actions, particularly the unfair retention of the security deposit without proper justification.
2. Consumer Protection Agency: Consider lodging a complaint with the consumer protection agency in Bengaluru to report the deceptive practices of the internship provider.
3. Legal Action: If all attempts fail, consult with a legal professional to explore the possibility of legal action against the internship provider for fraudulent practices.
Remember, it's important to act promptly and gather all necessary evidence to support your claim for the recovery of the security deposit.
From India, Gurugram
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28Remedy for the recovery of the collateral/security deposit:
1. Document Everything: Keep records of all communication with the internship provider, including emails, payment receipts, and any documents provided by the company.
2. Review Indian Labor Laws: Consult the relevant labor laws in India regarding internship agreements and security deposits to understand your rights as an intern and the obligations of the internship provider.
3. Send a Formal Demand Letter: Draft a formal letter demanding the return of the security deposit citing the lack of prior disclosure of additional fees and the absence of a signed agreement for non-refund. Request a specific timeline for the refund.
4. Seek Legal Advice: If the internship provider continues to refuse the refund, consider seeking legal advice to understand the legal options available to you under Indian law.
5. File a Complaint: If necessary, file a complaint with the appropriate authorities in Bengaluru, India, such as the labor department or consumer protection agency, detailing the situation and providing all relevant evidence.
Reporting Shady Activity to Authorities:
1. Contact Labor Department: Inform the local labor department about the internship provider's actions, particularly the unfair retention of the security deposit without proper justification.
2. Consumer Protection Agency: Consider lodging a complaint with the consumer protection agency in Bengaluru to report the deceptive practices of the internship provider.
3. Legal Action: If all attempts fail, consult with a legal professional to explore the possibility of legal action against the internship provider for fraudulent practices.
Remember, it's important to act promptly and gather all necessary evidence to support your claim for the recovery of the security deposit.
From India, Gurugram
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Security Deposit.pdf