NEW YORK – A Filipino restaurant owner in Queens, New York has filed a lawsuit toward her former business partner for allegations of fraud.
According to the lawsuit, plaintiffs Rena Avendula of Payag Restaurant and Linda Barga discovered that Rommel Del Rosario, owner of cargo forwarding company RDR Services Corp., owed money to several vendors, was unable to pay its bills and used the company’s funds for his personal use.
Del Rosario also allegedly made secret side deals with customers by picking up boxes using old invoices without reporting and remitting payments to the company even though all partners were entitled to receive such money.
“Malaking utang sa Pilipinas sa isang forwarder sa Philippines. Aabot yun mga close to 8 Million pesos ($173,000),” said Avendula “Meron din siyang container mga siguro $60,000 to $70,000 paunti-unti ko yung binayaran. Hinarap ko rin yung mga boxes nila na delays.”
Avendula claimed she loaned RDR up to $200,000 to pay for the company’s obligation and continue its operations even though it received an F from the Better Business Bureau.
“No, that’s not true. She has to produce the documents, but that’s just a claim. Hindi niya ako binigyan ng salary. It’s what I did to survive,” said Del Rosario. “It’s not a lot. It’s like $4,000 to $5,000 worth of box collections for the whole duration so she made a big deal about that. I think I’m entitled to it because this is my company.”
Rosario, Avendula and Barga entered business partnership in March 20Bad 15.
However, even before entering partnership, Avendula loaned $20,000 to Rosario with a promissory note that included post dated checks in February.
After another $30,000 capital contribution, Avendula had 40 percent ownership, meanwhile Barga had 10 percent and Rosario kept the remaining 50 percent share.
But Avendula said upon taking over the business operations of RDR, she saw Del Rosario allegedly misrepresent the financial situation of the cargo business and the $20,000 check he wrote to her bounced.
By October, Del Rosario’s attorney dissolved his partnership with Avendula and Barga.
“Nagkamali daw yung pagtakbo sa business dahil ninakaw ko yung pera. It’s not fair,” said Avendula. “But what is seven months for me to recover a business if you have a partner na ganun ang ugali?”
Avendula said she did not oppose the termination and dissolution of their partnership as long as she and Barga are reimbursed what they are owed.
“Basic rule of business: you run the business, you invest on the business and if you fail, you still want a reward? It’s always a risk. If it makes a profit, good and if it’s a loss, we both lose,” said Del Rosario.
According to Del Rosario, his lawyer has replied to Avendula’s lawsuit and is filing a counter lawsuit.
Mga Pinoy talaga mga utak talangka!!! SMH