About mobile phone
kuldeep keshri
(Querist) 29 July 2016
This query is : Resolved
on oct. 2016 I purchased two mobile phone from ebay.com with the help of credit card the phone was delivered after a week at my res. address, after three or four day the phone has been misplaced at that time the phone is box packed and i didn't used it, I already have a phone and I supposed that some of my family member had kept it some where I search for it but can,t find that phone. After six months on (march/april)I find the same phone in the hand of my tenant when I asked him about the phone he said. it belongs to me I go to police station there they told me to do online complaint/fir after this I again go to the police station and told them the fact,the police called him. There he said that I have purchased the phone and paid 20000 for it and put a complaint against me that I misbehave his wife, after that there is a compromise between us.Can I go to court regarding this I have delivery mail,booking confirmation mail,bill of the phone with imei no and credit card statement .In the online FIR I have mentioned that his wife threat me to put an false allegation of misbehave
adv.bharat @ PUNE
(Expert) 29 July 2016
U tenant had stolen ur mobile. U can file FIR against his wife for false complaint and mis use of law provision.
Kumar Doab
(Expert) 29 July 2016
While compromising you could have provided the details to police.
You can lodge separate complaint.
Kumar Doab
(Expert) 30 July 2016
The author has posted that:
" I have delivery mail,booking confirmation mail,bill of the phone with imei no and credit card statement ."
This is sufficient.
One handset can not have two IMEI numbers.
It is the tenant that has to produce the source of purchase and IMEI number etc......
Rajendra K Goyal
(Expert) 30 July 2016
Whether compromise was done on complaint of the lady / mobile theft complaint or both?
The phone was not opened / used by the author.
Whether specific no. of the instrument was mentioned on the bill? If yes, he has a good ground for criminal case.
kuldeep keshri
(Querist) 06 August 2016
no compromise was neither done on complaint of the lady nor mobile theft complaint but only for verbally dispute
Kumar Doab
(Expert) 06 August 2016
The tenant has to return the phone to you as you are purchaser.
kuldeep keshri
(Querist) 06 August 2016
what action has to be taken against him should he get any punishment Is online FIR sufficient for court procedure or I make another complaint
Kumar Doab
(Expert) 06 August 2016
"There he said that I have purchased the phone and paid 20000 for it "
"In the online FIR I have mentioned that his wife threat me to put an false allegation of misbehave '
Did you lodge any complaint of theft of mobile phone by tenant?
Did tenant produce any evidence of payment to you and/or receipt of payment by you?
What did police conclude about your complaint of theft?
If the matter is still unresolved entrust to your own counsel.
kuldeep keshri
(Querist) 06 August 2016
No I have not lodge another complaint of theft of mobile phone by tenant.
No he has not have any evidence of ownership of phone neither he has made me payment nor I gave gave him any payment receipt
On the day when I go to police station there they told me that an Investigation officer has been appointed when i contact him he called the tenant and there the tenant and his wife put allegation.
The matter is still unresolved.
Can I go to court for FIR, and how
Kumar Doab
(Expert) 06 August 2016
The police could have helped and record that the phone with IMEI number is found in possession of tenant.
if you had the evidence that phone was with tenant you could have submitted it.
You can resolve it on your own, thru police, lawyer, court..........
Sudhir Kumar, Advocate
(Expert) 30 July 2016
