Under which law and court to take legal action
B@75BHAIBABU
(Querist) 01 March 2012
This query is : Resolved
sir
i sent a email to a physiotherapist company about their products.they sent product along with their cost through email.as i liked one product whichwas about 36000 but not within my budget i replied-sir i wish to purchase the product @20000s.if possible please reply.company head replied me-you are a drunkard shameless and workless timewaster.sir as i am hurt i wish to take legal action against him.is it possible?if yes how and under which law
i shall remaimn obliged if i may kindly be replied
R.K Nanda
(Expert) 01 March 2012
Send the co. a legal notice for defamation and claim heavy damages for it.
R.K.NANDA-ADVOCATE
Adv.R.P.Chugh
(Expert) 01 March 2012
The requirement as per law of defamation is that a person should be lowered in the estimation of the right thinking members of the society, something should be published about the person that makes people shun or avoid that person. Here he has referred to you directly and hence there is no publication as nobody but you two knew about it. Hence my friend no action can lie
Arvind Singh Chauhan
(Expert) 01 March 2012
I go with Mr. Chug. Complaint under Section 504 IPC may lie as using abusive language.
Kirti Kar Tripathi
(Expert) 01 March 2012
Yes, I also agree that no defamation was occurred. Moreover, you can file criminal case for using abusive language
Deepak Nair
(Expert) 01 March 2012
The same query was anwered in the morning by the experts.
Repeated Query.
PARDEEP KUMAR
(Expert) 03 March 2012
Bharat is right, so as arvind, all you can do is file a police complaint,and rest of the task shall lie on the part of Police authorities viz. which section, which act etc.,
PARDEEP KUMAR
(Expert) 03 March 2012
You can also file a complaint with Registrar of companies, though I am not very sure of the outcome, but if it is a registered firm, sure, it could cause trouble for the said firm for using unethical practices.
S.K.SARRAF (ADVOCATE)
(Expert) 03 March 2012
Dear Bratin,
First of all - take all prints of your correspondences, and also that of the one you received from the company. (Make at least 3-4 sets each)
Secondly - compile all papers date wise, and make a complaint to your nearest Police Station, stating facts...asking them to initiate enquiry according to law.
In your complaint, you must give registered address , tel, fax, email ids, of the company. After this chase the Police station for the out come of their enquiry.
They shall submit their report with Magistrate for cognizance...and your case for Defamation is ON.
best wishes.
Any doubts, clarifications, do not hesitate to get in touch with me.
tc.
O. Mahalakshmi
(Expert) 04 March 2012
You can surely file a defamation case against that person (Civil Case) for claiming compensation for mental agony. It is better to you that issue a legal notice through an advocate wait for reply then proceed legally.
RAJU O.F.,
(Expert) 04 March 2012
Sending such a stupid and irresponsible reply by a company in service industry is unimaginable. Nevertheless, just ignore such reply instead of teaching them a lesson at the cost of your time energy and money. Please leave it and forget.
Adv. Sagar R. Jadhav
(Expert) 16 March 2012
There is no proper evidence which will come under slander or case of defamation, so you can not file any suit by way of criminal or civil proceedings.
But you can complaint to the police and also complaint to the Ministry of Corporate & Affairs of India about the company.
