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Praveen Kanodia (Nothing for now)     31 July 2024

A company threatening me for a criminal/civil law suit

So i ordered 2/3 things from a india  shopping website which was on cash on delivery (COD) but they mistakenly sent it to me for free(according to their employee: they thought i paid already). Now They threatened me in mail and both WhatsApp that they will take a legal action on me for 1L rupees around of products which are not ordered by me actually. As those orders came via india post some of my friends knew the incident and they also self ordered for them selvs which might leads to this amount. And they even told me and i also know that they sent some used/non working products too which they're claiming now is brand new and unused. When they first mailed me with threats i responded that for which items I'm responsible, i will send back to them or will do the payment. But they sent me back another threat message and just today morning i saw a india post registered letter is booked on my name and coming from the same location. Please help.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

You first receive the legal notice, go through the contents and engage the services of an advocate in the local and issue a rely notice through your advocate initmating your opinion and decision in this regard.

You do not have to get scared on such threatening messages.

Praveen Kanodia (Nothing for now)     01 August 2024

Thank you both T. Kalaiselvan sir and Rama chary Rachakona sir. I'm yet to recieve that legal notice via speed post and i will inform when it'll be delivered to me. I really appreciate your replies 🙏

T. Kalaiselvan, Advocate (Advocate)     02 August 2024

You are welcome for your appreciations. 

Alisha Kohli   03 August 2024

Don't worry  as u hve not cheated them , it was their fault so better is reply them when the legal notice comes to you and counter file the cases of extortion and criminal intimadation that the company firstly sends the free products used material and later they claim the money by threatening.

Praveen Kanodia (Nothing for now)     17 August 2024

sir,T. Kalaiselvan, Advocate and mam, Alisha Kohli

I received the legal notice on 06/08/2024 and here is the summary of that legal notice 

  • Allegations of Fraudulent Purchases: The notice accuses you of regularly purchasing high-end products from "x company" using cash on delivery (COD) but not making payments upon delivery. The purchases, amounting to ₹1,00,812, were allegedly made using different fake names, email IDs, and phone numbers between June 9, 2024, and July 11, 2024.

  • Refusal to Accept Returns: The notice states that the client (x company) is not willing to accept the return of the products as their policy does not allow returns once sold. The policy also requires that any damage be reported within two days of delivery, which was not done in this case. The notice claims that you only started pointing out defects after being accused of fraudulent activity.

  • Legal Threats: The notice accuses you of premeditated fraud, intending to cheat the client by repeatedly making purchases without payment. It warns that legal proceedings will be initiated under Section 318 of the Bharathiya Nyaya Sanhita (dealing with cheating and dishonestly inducing delivery of property) and relevant sections of the IT Act, 2000. The case could potentially be treated as an economic offense, and the client may approach the Economic Offences Wing (EOW) of the police.

  • Demand for Payment: The notice demands that you pay the amount owed for the products within 15 days to avoid further complications and legal action

  • now the thing is that I did not used any fake names or any fake addresses. 3 orders were in my name and the others were friends. they also sent 3 products which were used&non working. and for one of those items they said by themselves that the product is used and a bit damaged. 

  • I tried to reach my local advocates but most are either asking for an unbearable amount of money or refusing to help. so please if you can clear me out that even though I mailed them on their first threatening mail that I will rectify the mistake by returning those products which are intact and paying for those which I used, gonna still fall under any criminal case against me and i will be accused for or not.

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