Defamation case by a company against its customer

It depends upon what allegations they put up.. so first of all give proper reply to the notice thru some advocate.

@Querist,

The point given by the company in name of defamation is very weak and is bound to be rejected by court.If company,by any chance file a case of defamation against you,your first step should be hiring a lawyer practising Criminal laws and TORT.

Besides above mentioned points, you must file an application in consumer forum of Mumbai requesting replacement and compensation.If you are unable to attend the hearings personally,engage an advocate.Don't worry about the cost involved,you can recover that amount and more as compensation.

Further...{Only if a genuine need arises thereof}

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Learned experts/members have given valuable advice.

Approach your lawyer.

You may send fitting reply to the legal notice thru your lawyer and demand to withdraw the legal notice.

You have the option to write to MD, Chairman of the company as well.

You have posted that:

------“ Initially they told me about the free pick-up service from Bangalore”

Majority of the time the transactions are verbal thru call centers.

Customer should prefer to transact in writing even if by email.

Customer should record the calls especially for such verbal promises, and put these on record by writing even if by email.

If you have record of calls date wise, you may quote from it and also demand call log data, call recordings…………….

-----“ As this is the mumbai based company and I live in bangalore, I cant file a consumer complaint from bangalore.”

It is felt that you can file consumer complaint at your location at Bangalore.

You may check with lawyer handling consumer cases court at Bangalore.

If a consumer files a consumer complaint it is not defamation.

If a customer/consumer shares genuine and factual information on products of the company, service of the company, with colleagues, friends, community (ies) it should not be termed defamation.

------“ When I asked the company and the lawyer to tell his ISLN number, he threatened me that he will file a case and I will have to come to mumbai high court and then only he will give all the information about him. “

ISLN stands for International Standard Lawyer Number.

 In India a lawyer registers with Bar Council of India to get SANAD.

The company’s lawyer must have got the proper documents and must have studied these, and advised his client properly, before issuing legal notice to you.

-------“ I had written few reviews as a comment mentioning their false claims of free pick-up and poor after sales service. I have also shared few consumer reviews, complaining about the same in facebook. I have put one complaint in one of the consumer-forum.’

Company should act on feedback of the customer(s), communities and bring in improvements.

Sensible companies approach customer and assure immediate addressal of grievance/concerns.

The companies should not act to snatch freedom of expression.

However now you should preferably proceed under the expert advice of your lawyer that has seen all of your documents, analyzed your inputs and merits.

 Rest is upto you.

Thanks miss archana for the reply. I will try to upload the legal notice scan copy for more information.

Thanks Mr Daob for your time and for replying to my queries so nicely.  I am not sure how much I will be able to prove my points as important information was given on the phone but I have few emails may prove few things. I also tried to search if this company is registered with MCA (ministry of corporate affairs) but it looks like that it is not. They write their name as XXXXXX inc / XXXXXXX PVT LTD. Is it required for an online seller, who claims that they manufacture mobile and tablet (in china) and sell their mobile and tablet with their own brand name, to be registered with MCA.

Apart from this, the deadline told me was 17th june, but they have couried me from mumbai only on 18th june and it reached me on 22nd june.

Kindly help and provide some guidance.

Elaborated well by Mr Kumar Doab.

A defamationcase cannot succeed unless the allegation made by you are false as well.